Other Criminal Procedure What is the chance of having a criminal restitution lien released?

[hopej50]

This person committed his crime in 1998, and was finally processed (by mail, he turned himself in for the processing) in 2003. Was appointed a public defender - plead guilty and sentenced to two years probation and restitution of $84,000.00 (approx.) He completed probation without incident, making all appointments with officer. Paid on the restitution monthly, and managed to pay it down to $67,000.00. He then became sick, very sick, and ended up on disability. He lost his home, and ended up on the streets for almost a year. During that time, he could not pay on the amount he owed - apparently some where along the way there was a judgment for the amount, and a lien ended up on a vehicle he purchased in 2010 when he got on his feet financially. In 2012, last month, he traded the vehicle in, qualified for a newer vehicle with a real finance company, but after a week, found there was a lien on his traded in vehicle registration/title, so the deal could not be processed to completion. He and I filed a motion with the court to have it released, with request for expedited hearing. That has not occurred, since it was coming into the holidays. The clerk of the judge it was assigned to has been wonderful in trying to make sure it got before the judge. Now, they will not be back until January 2 and 3, and only for those two days. Does anyone know if this kind of lien has even been released? The issues are that he is on limited income...and the lien has grown to over 100,000 dollars, and the interest alone is $900.00 per month, every month. He is 62 years old....and with the deal he got on the newer vehicle, his payment actually went down a bit. He attempted to make payments on the lien, however the collection agent told him what he could afford would not be accepted. He had no idea there was a lien on his vehicle. Is it possible he will never be able to get rid of the present vehicle? It is quite old, and absolutely no equity in it at all....quite the opposite. The dealership did all they could to help him out of that vehicle and into a good, solid one, with a reputable finance company/bank. If anyone could help us, it would be so appreciated. Thank you.

 

[army judge]

You are helping him. During the holidays many must wait. This is not an official government website. We have no authority to do anything. Good luck, Happy New Year.


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[hopej50]

Thank you and Happy New Year to you also. I understand about the holiday time off. We are just anxious to know if these type of liens are ever released.....someone told him that they are never released....no matter what the reason. That is the true question. I guess I was rambling in my post and for that I am truly sorry. I have a paralegal background, but never came across this issue before, having worked primarily in the domestic relations, real estate, immigration and personal injury law venues. If anyone has any knowledge of this, and has the time, please let me know. Thank you so very much,

 

[army judge]

Thank you and Happy New Year to you also. I understand about the holiday time off. We are just anxious to know if these type of liens are ever released.....someone told him that they are never released....no matter what the reason. That is the true question. I guess I was rambling in my post and for that I am truly sorry. I have a paralegal background, but never came across this issue before, having worked primarily in the domestic relations, real estate, immigration and personal injury law venues. If anyone has any knowledge of this, and has the time, please let me know. Thank you so very much,

You answered your own question. Some debts, usually ones owed to governmental entities never go away UNLESS paid in full. The lien will stick, but they might not be able to seize the car. He might wish to consider a bankruptcy. I'm afraid, this is a criminal penalty or fine. The government will get their pound of flesh.

 

[hopej50]

Thanks for the info. The lien is due to restitution to a company he worked for and stole from.....and the restitution lien was put in place by the county he lived in due to the amount owed. So it is due to the company....does this make any difference? Or is it still considered a governmental debt? Thanks again for your time.

 

[army judge]

Thanks for the info. The lien is due to restitution to a company he worked for and stole from.....and the restitution lien was put in place by the county he lived in due to the amount owed. So it is due to the company....does this make any difference? Or is it still considered a governmental debt? Thanks again for your time.

I suggest you refer him to his lawyer.
I suspect it's considered part of his punishment.


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[hopej50]

Will do. He will have to get an attorney to help him with this one. Also, the restitution was put in place at the same time his probation was....so I believe that it would be considered a part of his punishment....to reimburse the company for what was taken.

Thank you so much for your time. I wish you the very best in the coming New Year.....you give of yourself here to help others and I think that is wonderful.