I was convicted of mail fraud in 2002 and served 18 mo federal prison, ordered to pay restitution of 100 a month of which i have always paid. Every year the US Attorney sends me a notice of default and demand for payment even though I have complied with the Judges sentence. Can they do this? Or are they harassing me? How many years can they keep destroying my life with this before they back off?
Federal Crime Lawyer
Each US Attorney's Office has a "Financial Litigation Unit," which may or may not aggressively collect restitution. If the FLU believes that a defendant has significant assets, and can either pay the full amount of the restitution, or a substantial amount thereof, it will aggressively pursue collection in the same manner as any other civil judgment (depositions to find assets, garnishments, etc.), regardless of the repayment schedule established in the Judgment and Conviction order. If the FLU has no reason to believe that the defendant has significant assets, it will usually confirm that the restitution is being repayed at the rate set by the sentencing judge (or the US Probation Officer afterwards), without further action. Lastly, federal restitution can be collected by the United States for a period of 20 years from the LATER of (1) the date of the entry of the judgment, or (2) from the responsible person's release from imprisonment.
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