Federal Criminal Restitution Wage Garnishment Limit?

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I was ordered to pay restitution under MVRA for a federal conviction (plea) 12 years ago. The US Attorney is now wanting more money per month than what was ordered. Things are already tight because of the economy, and if I pay them more, other household bills would suffer for it. I have a wife and child to support, but the US Attorney doesn't seem to care. Can the US Attorney simply order me to pay more? I'm self-employed. Can they garnish my wages/business? If so, what is the limit they can take? It would be helpful to find out exactly which federal statute governs this garnishment.

Attorney Answer

1
Joshua Lowther ·
If you are on supervised release, you must pay according to the schedule in the Judgment in a Criminal Case; that amount may not be altered by anyone (AUSA/USPO) without approval from the US District Court. If you have completed your term of supervised release, the restitution may be recovered like any civil judgment for a period of 20 years from the later of the judgment or your release from custody. In any event, no more than 25% of your net income (gross less standard deductions only) may be garnished. See 18 USC Section 3664 and the references to the relevant statutes therein. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP [email protected] http://www.NationalFederalDefense.com 866.380.1782
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