Pardon with outstanding restitution balance?

**gnbrotz** · June 23rd, 2021, 04:35 PM

My understanding is that completing the payment of restitution is typically a requirement of submitting an application for a pardon, but what if the victim dies before restitution is complete?

I have an acquaintance with an 11-year old F3 conviction (18 Pa.C.S.A. Crimes and Offenses § 3927. Theft by failure to make required disposition of funds received) and there is still a substantial amount owed, but apparently whatever mechanism is in place for payment simply ceased when the recipient died.

Is the person who still owes restitution as part of their sentence required to submit the balance to the state, or is this a "loophole" that might allow the pardon process to proceed despite the outstanding balance with no one to pay it to?

**Walleye Hunter** · June 23rd, 2021, 05:07 PM

Asking for a friend.

**gnbrotz** · June 23rd, 2021, 05:09 PM

Originally Posted by Walleye Hunter

Asking for a friend.

For reals!

I've already suggested it would be worth a paid consultation with a knowledgeable attorney. He seems mostly ambivalent about getting this gun rights restored, especially if that entails paying the balance of restitution due. The remaining balance is not a small number, though it is only about 1/3 of the original amount.

**esh21167** · June 23rd, 2021, 05:20 PM

I suspect if the deceased had any heirs, there might be an obligation to continue paying them until the restitution is complete. But an attorney consultation is certainly the way to go. I think a 10 minute phone consultation would be a minimal cost, maybe even free.

**gnbrotz** · June 23rd, 2021, 05:31 PM

Originally Posted by esh21167

I suspect if the deceased had any heirs, there might be an obligation to continue paying them until the restitution is complete. But an attorney consultation is certainly the way to go. I think a 10 minute phone consultation would be a minimal cost, maybe even free.

I thought so too. I didn't ask too many details, but I got the impression that no payments have been made for quite a while, and that fact alone, was not creating a legal problem for this person, in terms of the state keeping tabs on the situation, or some heir demanding the payments continue.

**knight0334** · June 23rd, 2021, 05:39 PM

Generally a debt to someone doesn't quash if the person who is owed money dies. The debt goes to the estate, then to heirs. Basically how Pennsylvania became property of William Penn.

Works in reverse too. If you owe money and die, your estate owes the debt, which can be inherited by your heirs.

Now, there may be some exceptions to that, and some states may have differing laws on the matter.

With my dad that recently passed, we had to dig out all old bills and record books. Fortunately, Dad(individually) and Dad+Mom(married) had no debts. We did find that a long time family friend(his former boss from when my parents met) had owed dad $500 - dad loaned it to him back in early 1980s. But that guy is long dead, and I think his only son may have passed away too.

**Royinmontco** · June 23rd, 2021, 06:25 PM

When my motorcycle got stolen, I was receiving restitution from the thief for a couple of years. I ended up moving and missed a bunch of restitution check deliveries.... but the state held onto it and I was able to find it on that "unclaimed money" state website.

Takeaways: The guy paid restitution to the state, who then paid it to me.... doesn't this restitution also first go to the state? Also, even though I wasn't around to accept the money and cash the checks, the state held onto it. But I think knight probably explained how that works...