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Restitution/SOL question

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papab

Junior Member
What is the name of your state? Washington State

I was convicted of 1st degree Theft back in 1982. Restitution was ordered which I paid, but I cannot locate my paperwork nor does the court show any record of payment. Last contact with the State of Washington was in 1985 when the debt was paid-off. I have not heard a thing from the State for over 20 years. A month ago, I received a collection letter from the State stating that I must pay a fixed month payment towards this restitution or further collection action would commence. I sent the standard validation letter to them. Their response was just restating that I owed them money.

Regardless if I owe this money or not, my question is this: Hasn’t the Statute of Limitations (SOL) run out?

On the SOL chart on consumer debt, Washington State has a maximum of 10 years with a "yes" for renewal. I cannot find how often it can be renewed or if it even applies to criminal financial obligations.

Posted this in the Collection section, but they don’t deal with Criminal matters.

Any clues?

Thanks for your help in advanceWhat is the name of your state?
 


garrula lingua

Senior Member
There's a difference in a 'restituion order' imposed by the crt (usu a fine paid to the State), and crt enforcement of 'restituion due the victim' (compensate the vic for loss).

You may have paid one & not the other.

First, you, hopefully want to do the right thing here (!?));
second - do you know which amt is allegedly unpaid ?
third - did the court toll (revoke) your probation, due to non-payment ?
fourth - If you ever want to expunge this, non-pmt would prevent that from happening. At the least, you are keeping alive this conviction, in the current computer age - it's hitting records, somewhere (could affect gov loans, benefits).

Also, as this is a criminal case, if probation was revoked, you're in deep doodoo for not paying - jail time could, technically, still be imposed.

All in all, I'd pay ASAP. If your record has been clean since then, maybe you should try for expunction.
 

calatty

Senior Member
The statute of limitations is not a get out of jail card. It limits how much time the state can take to charge you with a crime. Once you have been charged and convicted, there is no limit on how long the state can take to catch you. Restitution was part of your sentence, so there is no time limit on how long they can take to collect it. If you do not have any proof of payment, then you just have to pay them.
 

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