Is there a statute of limitation for fines and restitution not paid after you come home 22 years ago? 8 Answers as of November 20, 2014

If you went to prison in 1992, came home in 1997 and didn't pay restitution fee, can they make you pay now? It's now November 2014. Is there a statute of limitation law on this? And also, could that fine be added into personal Chapter 7 bankruptcy if filed?

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Gates' Law, PLLC | Thomas E. Gates
The sentence required restitution.? He needs to complete that sentence term. There is no statute of restitution.
Answer Applies to: Washington
Replied: 11/20/2014
Ronald K. Nims LLC | Ronald K. Nims
I can't speak for all 50 states but generally criminal fines, penalties and forfeitures do not have a statute of limitations, including restitution which is payable to the government. If the restitution is payable to a person or entity other than the goverment, even if you pay the government then the government sends the money to the victim. The restitution is dis chargeable in bankruptcy.
Answer Applies to: Ohio
Replied: 11/20/2014
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
If the case was already filed, then there is no statute of limitation issue. I don't believe that criminal restitution can be discharged in bankruptcy.
Answer Applies to: Nevada
Replied: 11/20/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
There is no statute of limitation on criminal restitution. It cannot be discharged in bankruptcy.
Answer Applies to: California
Replied: 11/20/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
No statute of limitations on sentences.
Answer Applies to: Nevada
Replied: 11/19/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I have never heard for a statue of limitations on fines and restitution. These are non-dischargeable debts.
    Answer Applies to: California
    Replied: 11/19/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You are asking several questions, and your best answers will come from a lawyer or lawyers who practice in the courts in the jurisdiction where you live. Each state has its own (often numerous) statutes of limitation, so I cannot tell you if your state has a limitations period for collection of fines or restitution. Time spent in prison usually does not count in computing the limitations period. That means that if your state has an applicable limitations period of 6 years, which starting running in, say, 1990, and you were in prison for 1991 until 2000, the 6 year period would start from the time of your release. Restitution ordered in a criminal case is not generally dischargeable in bankruptcy. However, if the applicable statute of limitations has already run at the time the bankruptcy is filed, it would be quite a reasonable argument to say that it can be discharged in a bankruptcy, since it can no longer be collected outside bankruptcy. Consult a local lawyer to see if this matter has been decided in your federal district. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 11/19/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if it is a misdemeanor, so it is less risky for you.
    Answer Applies to: California
    Replied: 11/19/2014
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