Obligations
As a result of the Mandatory Victims Restitution Act of 1996, all payments for special assessment, fines, and restitution are receipted by the U.S. District Court clerk's office. The applicable interest rates, penalties, etc. are based on the offense date and the applicable statute in effect. Payments should be mailed to the U.S. District Court where you were sentenced or presented in person to the cashier at the District Court Clerk's Office. Checks should be payable to Clerk, U.S. District Court.
People under supervision who have a court-ordered debt to pay (mandatory special assessment, fine, restitution, and/or child support) may be required to submit certain financial documentation each month. In addition, they may also be required to submit an annual financial statement, provide a federal income tax return, and/or asked to sign a release each year so that a credit bureau history report can be obtained.
In every U.S. Attorney's Office, there is a Financial Litigation Unit (FLU), which has the statutory responsibility to collect a court-ordered debt. From the date of your judgment, the FLU has 20 years to collect on this debt following any imprisonment. The FLU agent may garnish a portion of wages, garnish a portion of a spouse's wages, garnish income tax returns, and put liens on your personal property. People under supervision are required to pay court-ordered debt to the best of their ability. Failure to pay this debt when they have the ability to pay can result in revocation.
Payments toward the balance of a court-ordered obligation can be made online using the Pay.gov website. Also available is the Pay.gov Brochure, which provides step-by-step instructions on how to make a payment. If a person under supervision does not have access to a computer, a bank account, or a credit or debit card, payments can be made by mail to the clerk of the court. Personal checks will not be accepted.
Application of Payments
Generally, payments are applied to outstanding debts in the following order: 1) special assessment; 2) non-federal restitution; 3) federal restitution; and 4) fine. Within each category, payments are applied in the order of principal, costs, interest and penalties.
Interest is computed using the simple interest method. Interest is generally not compounded. You may contact the U.S. District Court clerk's office at 603-225-1423 to inquire on the status of the payments in a particular case. The U.S. Attorney's Office also sends a statement with payment coupons to defendants on a monthly basis.
Restitution Payments to Victims
Victims are generally contacted by the U.S. Attorney's Office after sentencing and informed of any restitution that has been ordered. They are advised on the process and what they should expect to receive. All moneys received from a defendant for restitution are paid to the victim(s) according to the Judgment & Commitment order, also known as the J & C. There is a standard waiting period of at least two weeks to assure that all payments have cleared before payments to the victims are processed. Payments are normally paid proportionally to each victim unless otherwise specified in the J & C. Restitution payments are made once per month, sometime during the last week of the month.
Case-by-Case Situations
The information presented on this website is general information that applies to all cases; however, deviations may be allowed on a case-by-case basis. The judge may specify additional requirements or may waive certain items if warranted in a particular case. You may wish to verify detailed information regarding your case with the Court.