Legal Question in Criminal Law in Michigan

please help

I am on probation for nsf. I won't be accepted into college until my restitution of $2600.00 is paid off. when I get my restitution is paid I will get off of probation. I can't get into college because restitution is a outstanding debt. Is there anyone or anyplace that can help me so I can get on with my life? I'd like to go to college to study Infant Mental Health and Psycology. Thank you for taking the time to read this.


Asked on 12/28/07, 7:43 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: please help

A restitution order will be "an outstanding debt" until it is paid off in full. An order of restitution never expires until it is paid in full. So, you will have to pay it off in full.

How can you do that? I am unaware of any service or group that will pay it for you. You committed the crime and caused the loss, so you need to make it right ... make the victim whole.

1. Get a job -- or a second or a third job -- and pay off the restitution with that money. Your restitution debt is not insurmountable: $217/month (or $54.25/week ... $7.75/day ... essentially, one hour's pay/day at minimum wage) pays off the entire amount in a single year! If you are employed and have missed at least 2 restitution payments, the court now MUST order wage witholding (and all of that money goes to pay off restitution). Courts are supposed to split all monies paid in by you 50/50 between "victim payments" (including restitution) and non-victim payments (ourt costs, fines, etc.). But, your court might be willing to apply more than 50% of your other payments to restitution to get it paid off sooner.

2. Contact the victim to see his he/she/they/it would accept personal services by you in lieu of some restitution. For example, shovel snow, rake leaves, mow the lawn, paint a garage, etc. for $____ toward restitution. Victims cannot be forced to accept this "barter" deal, but might be willing to do it. Here, you pay restitution with sweat.

3. Get a loan from a lending institution, family, friends, etc. and use that money to pay off your restitution. Yes, you'll still owe someone, but it might not be an "outstanding debt" barrier for college like the restitution order.

Whether the court keeps you "on probation" until it is paid in full is another matter. The court has the discretion to close your probation at any time, but if you still owe restitution money that debt becomes a civil judgment that the prosecutor and/or victim can take action against you to collect just like a civil judgment. The victim does not have to sue you to get a judgment" because the restitution order IS a judgment.

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Answered on 12/30/07, 3:35 pm


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