I live in WA State. I agreed to an Alford Plea in 1997 that included restitution of $64,000. I want to know is the amount dischargable since there is no finding of guilt just an agreement.

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Originally Posted by napier04

I live in WA State. I agreed to an Alford Plea in 1997 that included restitution of $64,000. I want to know is the amount dischargable since there is no finding of guilt just an agreement.

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Hello n:

Maybe. We've had this discussion before here on the legal boards. I maintain that if one hasn't paid restitution PRIOR to being released from supervision, the amount left becomes a CIVIL liability, and no longer CRIMINAL.. After all, if you default, the only thing they can do is garnish wages and seize bank accounts... They CANNOT put you back in jail.

So, my thinking is, that if the debt is civil, it can be treated like any other civil debt and be discharged in bankruptcy.

There are other experts here who say I'm full of it.

excon

PS> In my opinion, your plea wasn't a factor.

Yes, we have gone back and forth about this on the boards. If you file for bankruptcy the Trustee will more than likely deny this, but what do I know, I've never tried something like this. You can consult with a bankruptcy attorney about this to be 100% sure either way.