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I received demand for payment from US Dept of Justice collections
I live in CA and my time and probation was completed 10 years ago. I am a student and unemployed and supported by my husband of 3 years (he was not part of my case). My restitution is $150,000, and I'm 47. We are living day to day and I doubt I will be able to pay this plus interest in my lifetime.
Since my husband is the only earner and claims me and our children for taxes, what do I need to do to protect his tax refund from being taken by the govt (as they are threatening to do). We rely on that money to support us financially throughout the year since he's the only one able to work. I have been trying but with my age and record, I've not been successful, thus the reason I am in college (free of course). I want to set up a repayment plan but honestly those people cause me extreme anxiety. I worry that they will not accept a $50 a month repayment plan on $150,000 owed, but that's the most I can afford right now. And with interest, it may just be a waste of money. Any advice please? I've been sleepless since I received that notice. |
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This amount is restitution you were ordered to pay because of a conviction? I don't think you have any alternative but to deal with them and offer to pay it back anyway you can, and yes, they can and will take any extra money that you have coming to you if they were awarded this money through a trial.
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Federal Restitution Explained | Federal Prison Talk
Scroll down to the 4th question. Looks like only a lawyer can advise your husband on ways to protect his income and assets. This is clearly a site not written by lawyers (because of the spelling and grammar), but it appears to know the facts. |
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 Originally Posted by joypulv
" ... Question – Can my spouses assets and property be taken to pay my restitution? It says jointly owned "assets and property", not income, such as tax refunds.Answer – This is a tricky question, but yes they can.. Anything that is jointly owned by both of you is game, any joint bank accounts, retirement accounts, property, homes, vehicles can be taken. ..." If the tax refund comes from the husband's income, the government cannot get it, however OP's husband may need to file an "injued spouse" form. |
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