questions & answers

Question: I have been sued for 1200.00 dollars for out of pocket expenses for medical bills by my neighbor how attack me and than lied in court ant the what ever she was believed her in stead of me and I did not do. Can they take my car? I am Social Security. All I have is my car that I still owe on. I go back and forth to the doctor and school for my AA. If they take my car I can not make it. I am below poverty level . not even 1,000.00 a month. Do I need to file for exemptions on my car and which one should I use. Do I have to file bankruptcy to file for exemptions? Or am I ok? Please help I have only a little time left I want to file an appeal & reconciliation.

Answer: Per A.R.S. 13-603, convicted persons must make restitution to victims of the offense.

“Under the MVRA [Mandatory Victims Restitution Act], the court is required to order full restitution upon conviction or a plea of guilty, regardless of the defendant's economic condition for (1) a crime of violence as defined under 18 U.S.C. §16; (2) an offense against property under Title 18, including any offense by fraud or deceit or an offense under 18 U.S.C. §1365 relating to tampering with consumer products, and (3) if there is an identifiable victim(s) who has suffered a physical injury or pecuniary loss. The exceptions to mandatory restitution are where identifiable victims are so numerous as to make restitution impracticable or where the determination of complex fact issues related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim would be outweighed by the burden to the sentencing process.”
http://www.abi.org/abi-journal/the-enforceability-of-restitution-liens-under-the-mandatory-victims-restitution-act

Filing for chapter 7 bankruptcy will not eliminate criminal restitution fees. http://www.abi.org/abi-journal/the-enforceability-of-restitution-liens-under-the-mandatory-victims-restitution-act


Per A.R.S. 13-810, there are several consequences to not paying court ordered restitution. If you do not pay the fine and the court grants a garnishment, you can object to the garnishment. See A.R.S. 13-817 for more details regarding objection to the garnishment.

Generally Social Security benefits are protected from garnishment from debt collectors. However, there are some circumstances where Social Security benefits can be garnished. Some circumstances where social security benefits can be garnished are if you owe federal taxes or student loans, or restitution for a crime. (https://www.law.cornell.edu/uscode/text/18/3612; https://www.consumer.ftc.gov/articles/0114-garnishing-federal-benefits)

You should speak with an attorney for advice specific to your situation.