What to do if I can’t pay my restitution?

UPDATED: Feb 5, 2013

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What to do if I can’t pay my restitution?

I have been on probation for 4 years and still have a year left. I have a total debt owing of $16,000. I have 3 felonies on my record but have been blessed with the waitress job that I have had for the past 2 1/2 years. This job barely makes the bills. The court has garnished my wages but because I have child support and another court ordered obligation. There has been nothing left to take seeing that I make waitress wages. I also haven’t been getting any tax refunds, as those have been offset until this year (but I planned on paying towards the entire about on bills and the remainder to the restitution). Today I received notice to appear for the $16,000. I will only have $3000 at the time of the court date. Do I need to worry about jail?

Asked on February 5, 2013 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you appear at court on the dare, time and location set with a criminal defense attorney. Be candid with the court as to what you are trying to do with your life and pay down the restitution order. The problem is that you simply do not have the cash flow to pay down what you owe. If you are candid with the court I doubt from what you have written that you will be jailed.

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