Legal Question in Criminal Law in Michigan

Re: Limit on paying back fines?

A restitution order entered in a criminal case acts like a civil judgment. But, unlike a civil judgment, a restitution order never expires ... until it is paid in full. There is no "statutory limit" to the order.

Restitution is supposed to be paid in full at sentencing. But very few judges enforce that, and simply order the defendant to pay a monthly amount during the probation time. We try to get a wage assignment order at sentencing, so it's deducted from the defendant's paycheck, but many judges do not do this, either.

Failure to pay restitution during probation should be treated by the court as a probation violation. The fact that the defendant is unemployed should not be a defense, since standard probation terms include getting/maintaining lawful employment. Unfortunately, like the situation with child support orders, many defendants do not pay their restitution in full, or on time, to victims.

But victims still have a remedy. A victim can also enforce the criminal restitution order privately, such as by hiring a collection agency, or by getting court orders to seize assets of the defendant to be sold at a sheriff's auction; the proceeds pay the arrearages, and any money collected in excess of the arrearages is returned to the defendant.

So, to paraphrase the old commercial: you can pay them now or pay them later ... but ultimately, you will have to pay them in full.