Under Federal MVRA restitution can I be forced to take early Social Security as income to make restitution payments?

Asked 12 months ago - Vancouver, WA

Just released (age 62) , no job or permanent residence (staying with friend for now)

Attorney answers (1)

  1. Clint Curtis

    Contributor Level 16


    Lawyers agree

    Answered . We would need more information to make a full determination but such might be the case. Under the Ninth Circuit's decision in United States v. Novak, 476 F.3d 1041 (9th Cir. 2007), retirement funds may be used to pay restitution to the Mandatory Victims Restitution Act.

    If a judge were to decide that you are essentially living off the grid in order to not pay the restitution you could be required to take early SS or get a job. Failure to do something to satisfy the restitution requirement could result in you being found in contempt, which would not be a good thing. It will be hard for the court to accept that you are making a reasonable choice in delaying your retirement options while living without any means of support.

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