When a person is convicted of a crime in the United States, the court often orders them to pay restitution — money owed to the victim to cover losses such as medical expenses, property damage, or lost wages. But what happens if you can’t—or won’t—pay it? Can you actually go to jail for not paying restitution?
The short answer is yes, you can, but it depends on why you failed to pay. Courts distinguish between people who truly cannot pay and those who refuse to pay despite having the ability to do so. Here’s how restitution works, and when nonpayment can land you behind bars.
What Restitution Is and Why It Matters
Restitution is different from a fine or a civil judgment. It’s a court-ordered payment intended to make victims financially whole after a crime. Under both federal law (18 U.S.C. § 3663–3664) and state laws, restitution is mandatory in many criminal cases—especially those involving theft, fraud, or violent crime.
For example:
- A convicted thief may have to repay stolen money.
- A drunk driver may owe restitution for the victim’s medical bills.
- A fraud defendant may be required to compensate investors for financial losses.
The court sets the amount during sentencing, and failure to pay can have serious consequences—even years after the case is over.
Can You Go to Jail for Not Paying?
Technically, you can’t be jailed simply for being poor. The U.S. Supreme Court ruled in Bearden v. Georgia (1983) that it’s unconstitutional to imprison someone solely because they lack the ability to pay. However, that doesn’t mean restitution orders can be ignored.
If the court determines that you willfully refused to pay, even though you had the financial means, you can be found in contempt of court or violation of probation, both of which can lead to jail time.
For example:
- If you spend money on vacations, luxury items, or gambling instead of paying restitution, the court may see it as willful nonpayment.
- If you fail to communicate with your probation officer or hide assets, that can also lead to incarceration.
In short: inability to pay won’t get you jailed—but refusal to pay might.
How the Court Enforces Restitution
Restitution is a legal obligation that doesn’t disappear after sentencing. Courts and probation departments use several enforcement tools to ensure payment:
- Wage garnishment and income withholding.
- Seizure of assets or tax refunds.
- Liens against property.
- Extension of probation until restitution is complete.
If the offender is on probation or parole, failure to make payments can trigger a violation hearing. The judge can impose sanctions, extend supervision, or, in more serious cases, order incarceration until the offender complies.
In federal cases, restitution remains enforceable for 20 years or more, and the government can use civil collection methods similar to tax enforcement.
What Happens If You Truly Can’t Pay
If your financial circumstances change—such as losing a job, suffering illness, or becoming disabled—you should immediately notify the court or probation office. The judge may:
- Adjust your payment schedule.
- Temporarily suspend payments.
- Convert restitution to a civil judgment, allowing collection through normal debt procedures rather than criminal penalties.
Being proactive shows good faith, which can protect you from accusations of willful nonpayment. Ignoring the order, however, can make things far worse.
Restitution and Probation
For defendants serving probation, restitution is typically a condition of release. Failure to comply can result in a probation violation, leading to:
- Revocation of probation,
- Additional fines, or
- Jail or prison time for the underlying offense.
In some states, judges can order a short jail term as a “sanction” to pressure payment compliance. But again, this is only lawful if the person has—or had—the ability to pay.
Final Thoughts
So, can you go to jail for not paying restitution? Yes—but only if you’re able to pay and choose not to. Courts will not punish genuine poverty, but they will punish defiance, dishonesty, or neglect of court orders.
Restitution is not optional; it’s a binding part of your sentence. The best way to avoid legal trouble is to communicate openly with the court, make good-faith payments, and document your financial circumstances.
In the end, restitution isn’t just about punishment—it’s about accountability. Failing to pay can turn a closed case into an open door to more jail time, interest, and legal headaches you don’t want.
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