What happens if I can’t pay my restitution?

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What happens if I can’t pay my restitution?

I was convicted 21 years ago for felony theft. I served time and completed parole. I was contacted by the DA which threatened to issue a capias if I do not pay the almost $26,000 in restitution and fines. I would love to be in a position to pay it back but I am not. What are my options? Will this hang over my head forever? Do I constantly have to worry about being arrested again?

Asked on March 20, 2013 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to talk to the public defender about your inability to pay. Perhaps your counsel could file a motion and offer what your financial position is currently so you can either pay a very limited about of restitution monthly with a follow up after a certain amount of time to ensure you may or may not be able to pay more but keep in mind restiution is required to be paid.  Check to see if bankruptcy is an option and if this restitution is exempt from bankruptcy or could be claimed in bankruptcy.


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