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Can I , as a defendant, file a petition to have the imposition of a 1995 federal fine vacated ?

El Paso, TX |

I was ordered to pay a fine of $7500 in federal court in 1995. I still owe $3155. I'm 62 and have no job or money. I know under Title 18, U.S. Code, Section 3573, The gov't. can petition. But do I have any recourse to petion myself,because I can't pay.

Attorney Answers 2


You could contact the Financial LItigation Unit of the U.S. Atty's Office and see if they would agree to make the petition based on your financial circumstances. That is unlikely since they are like pit bulls. There is no other formal procedure. You could write to the judge, send a copy to the FLU, and ask the judge to relieve you of the remainder of this obligation. If the judge has retired, simply send the letter to the clerk's office with the case caption and the case will be reassigned to a new judge.

This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

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Contact the Financial Litigation Unit in the US Attorney's Office in the collecting district, and explain your situation to the appropriate person. Be prepared to substantiate the fact (other than your non-payment of the fine) that your are having financial difficulties. The FLU may file the request for you pursuant to Section 3573.

Joshua Sabert Lowther, Esq.

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