What happens after you fail to pay restitution?
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What happens after you fail to pay restitution?
I received a notice that I received unemployment benefits more than I was supposed to and I needed to pay it back. However I haven’t been able to pay as of yet, so if prosecuted what is the process, what will happen then?
Asked on November 24, 2010 under Criminal Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You could be sued by the state to recover the money, as well as interest and penalties. If the state sues you and wins, if you don't then pay, it could take other action to ensure collection, such as garnishing wages, garning certain forms of other payments or assistance you might receive, garnishing a bank account, putting a lien on property, etc. In addition, if there is evidence that this was not an error but was due to some fraudulent action on your part (e.g. knowing applying when you weren't eligible; overstating you income to larger payments; collecting UI while working; etc.), there is the possibility of criminal prosecution. (If it was an error, that would not be the case; to be convicted of a crime generally requires criminal intent.) If possible, you should try to work out some payment schedule or plan you could meet.
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