Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3612: Collection of unpaid fine or restitution

Civil

What this law says, in plain English

This statute establishes procedures for collecting unpaid fines and restitution, including notification requirements, payment schedules, and default protocols administered by the Attorney General.

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in such manner as may be agreed upon by the Attorney General and the Director of the Administrative Office of the United States Courts; and within 15 days after the receipt or at such other time as may be determined jointly by the Attorney General and the Director of the Administrative Office of the United States Courts. the name, social security account number, mailing address, and residence address of the defendant; the docket number of the case; the original amount of the fine or restitution order and the amount that is due and unpaid; the schedule of payments (if other than immediate payment is permitted under section 3572(d)); a description of any modification or remission; if other than immediate payment is permitted, a requirement that, until the fine or restitution order is paid in full, the defendant notify the Attorney General of any change in the mailing address or residence address of the defendant not later than thirty days after the change occurs; and in the case of a restitution order, information sufficient to identify each victim to whom restitution is owed. It shall be the responsibility of each victim to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim’s mailing address while restitution is still owed the victim. The confidentiality of any information relating to a victim shall be maintained. Not later than ten days after entry of the judgment or order, the court shall transmit a certified copy of the judgment or order to the Attorney General. A penalty assessment under section 3013 of title 18 , United States Code. Restitution of all victims. All other fines, penalties, costs, and other payments required under the sentence. Within ten working days after a fine or restitution is determined to be delinquent as provided in section 3572(h), the Attorney General shall notify the person whose fine or restitution is delinquent, to inform the person of the delinquency. Within ten working days after a fine or restitution is determined to be in default as provided in section 3572(i), the Attorney General shall notify the person defaulting to inform the person that the fine or restitution is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine is paid in full before the fifteenth day after the date of the judgment. If that day is a Saturday, Sunday, or legal public holiday, the defendant shall be liable for interest beginning with the next day that is not a Saturday, Sunday, or legal public holiday. daily (from the first day on which the defendant is liable for interest under paragraph (1)); and at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the first day on which the defendant is liable for interest under paragraph (1). waive the requirement for interest; limit the total of interest payable to a specific dollar amount; or limit the length of the period during which interest accrues. If a fine or restitution becomes delinquent, the defendant shall pay, as a penalty, an amount equal to 10 percent of the principal amount that is delinquent. If a fine or restitution becomes in default, the defendant shall pay, as a penalty, an additional amount equal to 15 percent of the principal amount that is in default. The Attorney General may waive all or part of any interest or penalty under this section or any interest or penalty relating to a fine imposed under any prior law if, as determined by the Attorney General, reasonable efforts to collect the interest or penalty are not likely to be effective. Payments relating to fines and restitution shall be applied in the following order: (1) to principal; (2) to costs; (3) to interest; and (4) to penalties. The Attorney General shall, as part of the regular evaluation process, evaluate each office of the United States attorney and each component of the Department of Justice on the performance of the office or the component, as the case may be, in seeking and recovering restitution for victims under each provision of this title and the Controlled Substances Act ( 21 U.S.C. 801 et seq.) that authorizes restitution. Following an evaluation under paragraph (1), each office of the United States attorney and each component of the Department of Justice shall work to improve the practices of the office or component, as the case may be, with respect to seeking and recovering restitution for victims under each provision of this title and the Controlled Substances Act ( 21 U.S.C. 801 et seq.) that authorizes restitution. Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on restitution sought by the Attorney General under each provision of this title and the Controlled Substances Act ( 21 U.S.C. 801 et seq.) that authorizes restitution during the 3-year period preceding the report. the number of cases in which a defendant was convicted and the Attorney General could seek restitution under this title or the Controlled Substances Act ( 21 U.S.C. 801 et seq.); the number of cases in which the Attorney General sought restitution; of the cases in which the Attorney General sought restitution, the number of times restitution was ordered by the district courts of the United States; the amount of restitution ordered by the district courts of the United States; the amount of restitution collected pursuant to the restitution orders described in subparagraph (D); the percentage of restitution orders for which the full amount of restitution has not been collected; and any other measurement the Comptroller General determines would assist in evaluating how to improve the restitution process in Federal criminal cases. requesting restitution in cases in which restitution may be sought under each provision of this title and the Controlled Substances Act ( 21 U.S.C. 801 et seq.) that authorizes restitution; obtaining restitution orders from the district courts of the United States; and collecting restitution ordered by the district courts of the United States. Not later than 3 years after the date on which the report required under paragraph (1) is submitted, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the implementation by the Attorney General of the best practices recommended under paragraph (3). pay the fine in full; specify, and demonstrate compliance with, an installment schedule established by a court before enactment of the amendments made by this Act [ Oct. 12, 1984 ], specifying the dates on which designated partial payments will be made; or establish with the concurrence of the Attorney General, a new installment schedule of a duration not exceeding two years, except in special circumstances, and specifying the dates on which designated partial payments will be made. the Attorney General believes the likelihood of collection is remote; or criminal fines have been stayed pending appeal. The Attorney General shall, within one hundred and eighty days after the effective date of this Act, declare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act [see Short Title note set out under section 3551 of this title ]. No interest or monetary penalties shall be charged on any fines subject to this section. Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collection, including collection data for each judicial district.”

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