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Fine and Restitution Payments

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, Attn: Cashier, 111 South Tenth Street, Suite 3.300, St. Louis, MO 63102 or presented in person to the cashier at the District Court clerk's office. Checks should be payable to Clerk, U.S. District Court.

 

Special assessment, fine and restitution when imposed are ordered on the J & C (Judgment in a criminal case) at sentencing. All monetary penalties are recorded by the clerk's office as documented in the J & C. Special assessment is usually $100 per count and payment is due immediately to the court. Fine and restitution is also generally due immediately, however, the judge often allows monthly payments when large amounts are involved. The fine and/or restitution is due based on the applicable statute and interest is accrued even if a payment schedule has been established once the interest start date has passed. Adherence to a payment schedule stops the imposition of the applicable penalties, delinquency and default provisions.

 

Below is a table that summarizes the statues applicable to fines and restitution:

 

 

Summary of Criminal Debt Interest Provisions

 

Prior to Jan 1, 1985-Crimes and Criminal Procedures Act (1984)

Jan 1, 1985 to Oct 31, 1987-Criminal Fine Enforcement Act of 1984

Nov 1, 1987 to Dec 10, 1987-Sentencing Reform Act of 1984

Dec 11, 1987 to April 24, 1996-Criminal Fine Improvement Act of 1987

April 24, 1996 to Present-Mandatory Victim Restitution Act of 1996 

Applies To:

Fines

Fines

Fines

Fines > $2,500

Fines and Restitution > $2,500 

           

Interest Rate:

N/A

1.5% /mo for each calendar mo. if installments are ordered. If immediate payment is ordered, 1.5% /mo on the amount past due.

Following determination of willful nonpayment, the court may assess 1% /mo. Or 12% /yr.

Fed. civil judgment interest rate as of the first date debtor is liable for interest, computed daily, not compounded

Fed. civil judgment interest rate as of the first date debtor is liable for interest, computed daily, not compounded. 

           

Interest Start Date:

N/A

First full calendar mo. If installments are ordered.

31st day after sentencing, on first day of each mo. In which fine balance remains unpaid.

15th day after date of judgment (sentencing date) unless that date falls on a weekend or holiday, then the 1st business date thereafter.

15th day after date of judgment (sentencing date) unless that date falls on a weekend or holdiay, then the 1st business date thereafter. 

           

Penalties: -30 days late

N/A

See Below

Following determination of willful nonpayment, the Court may assess a penalty of 10% on any portion of fine which becomes delinquent.

10% of principal amount that is delinquent.

10% of principal amount that is delinquent. 

           

-90 days late

N/A

25% of amount past due.

N/A

N/A

N/A 

           

-120 days late

N/A

N/A

N/A

Additional 15% of principal amount that is in default.

Additional 15% of principal amount that is in default. 

           

Acceleration of Balance

N/A

At discretion of the U.S. Atty.

When in default, entire amount of fine balance is due within 30 days after notification of default.

When in default, entire amount of fine balance is due within 30 days after notification of default.

When in default, entire amount of fine balance is due within 30 days after notification of default. 

           

Delinquency & Default Provision

N/A

None

Delinquent - 30 days late. Default - 120 days late.

Delinquent - 30 days late. Default - 120 days late.

Delinquent - 30 days late. Default - 120 days late.
 

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 assessed is computed using the simple interest method. Interest is generally not compounded. You may contact the U.S. District Court Clerk's Office - Financial Unit at 314-244-7873 2 to inquire on the status of the payments in a particular case. The U.S. Attorney's office also sends statement with payment coupons to the defendants on a monthly basis.

 

The U.S. Attorney is responsible for collection and enforcement of special assessments, fine and restitution ordered by the court. The Financial Litigation Unit of the U.S. Attorney's office monitors the status of payments and will take action as appropriate. You may contact the unit at 314-539-2200.

 

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 the defendant for restitution are paid to the victim(s) according to the J & C. There is a standard waiting period of at least two weeks to assure that all payments have cleared through the Federal Reserve before the payment to the victims are processed. Payments are normally paid proportionally to each victim unless specified in the J & C. Restitution payments are made once a month, sometime during the last week of the month.

 

Case by Case Situations

The information presented on this Fines and Restitution Payments 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 waive certain items if warranted in a particular case. You may wish to verify detailed information regarding your case with the court.



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