[jruss55]

I had a felony in 1997. I was on probation for 5 years and paid my fines. Restitution was ordered for 62,213.00. After the 5 yrs. We were off probation and nothing was said about the restitution. Now 7 years later, I get a letter from FLU( Federal Litigation Unit) wanting the money. I'm I responable to pay all this money back? What will happen if I don't pay it all? There were 3 other people involved, but I quess they can't find them all. Thank you.

[excon]

Hello jr:

Your post is very timely. We just had a discussion about this very issue on another thread.

There ARE differences of opinion between the legal experts here about the subject. However they'd ALL recommend you get a lawyer...

It's MY view, that your restitution is NOW a civil matter. If it was EVER a criminal matter, that ended when they let you off probation without having paid it.

Further evidence of it being civil, is the fact that you got a letter instead of a visit by the cops. I would further bet that the FLU is nothing more than a collection agency.

If I'm correct, the statute of limitations has run out long ago on their ability to collect. Even if you measured from the day you got off probation, it's over 6 years. I don't know what state you're in, but I don't know of any with SOL's longer than that for civil offenses.

I'd be interested in what the letter says exactly... Plus, if it has this little thing at the bottom about it being a debt and that you have 30 days in which to claim you don't owe the money, or the debt is deemed valid...

If it DOES say that, then it IS a collection letter, and you need to respond. If so, then send them a certified letter, telling them that the statute of limitations has expired, and that pursuant to the Fair Debt Collection Practices Act, you require them to cease and desist from contacting you in any form whatsoever.

If it's from the FEDERAL COPS, and they're telling you that they're going to put you in JAIL if you don't pay, you're going to need a lawyer - QUICKLY.

excon

[twinkiedooter]

Odd that they're coming after you now.

Do as Excon says about replying to them as the Court ended your probation without having the restitution paid. Odd that they would do that.

Yes, and get an attorney if this is the Court and not a collection agency.