Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    50
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    11,657
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    Default Pardon with outstanding restitution balance?

    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?
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  2. #2
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    7,336
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    21474852

    Default Re: Pardon with outstanding restitution balance?

    Asking for a friend.
    Weakening the strong to make all of equal strength is not a winning proposition

  3. #3
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    50
    Posts
    11,657
    Rep Power
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    Default Re: Pardon with outstanding restitution balance?

    Quote Originally Posted by Walleye Hunter View Post
    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.
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  4. #4
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
    Posts
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    Default Re: Pardon with outstanding restitution balance?

    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.

  5. #5
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    50
    Posts
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    Rep Power
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    Default Re: Pardon with outstanding restitution balance?

    Quote Originally Posted by esh21167 View Post
    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.
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  6. #6
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    49
    Posts
    19,311
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    21474870

    Default Re: Pardon with outstanding restitution balance?

    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.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker

    Don't end up in my signature!

  7. #7
    Join Date
    Feb 2015
    Location
    Montco, Pennsylvania
    (Montgomery County)
    Posts
    688
    Rep Power
    21474843

    Default Re: Pardon with outstanding restitution balance?

    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...

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