Blog
Back to all article
Consequences for Failing to Pay Restitution or Court Costs in Texas Theft and Fraud Cases
In Texas, being convicted of theft or fraud often comes with court-ordered restitution and fees—but what happens if you can’t pay? Failing to meet these financial obligations can lead to serious consequences, including revocation of probation, additional court hearings, and even jail time in some cases. Courts will assess whether nonpayment is willful or due to genuine financial hardship, but the burden is often on the defendant to prove their inability to pay. In this post, we explain how Texas handles unpaid restitution and court costs, the legal process involved, and how to protect yourself if you’re falling behind. If you're facing enforcement actions, contact a trusted attorney near you to help you navigate the system and avoid further penalties.
Consequences for Failing to Pay Restitution or Court Costs in Texas Theft and Fraud Cases
When a Texas court convicts someone of theft or fraud, the sentence often includes more than just jail time or probation.Courts frequently order defendants to pay restitution to victims and cover court costs. Failing to meet these financial obligations can lead to serious legal consequences, including extended supervision, contempt proceedings, and even incarceration. This guide outlines what happens when restitution or court costs go unpaid and how to navigate these challenges.
What Is Restitution?
Restitution is a court-ordered payment from the defendant to the victim to compensate for financial losses resulting from the crime. Under Article 42.037 of the Texas Code of Criminal Procedure, judges must consider restitution as part of sentencing. Restitution may cover:
- The value of stolen or damaged property
- Medical expenses
- Lost income
- Counseling or therapy costshassibicriminaldefense.com+1keithfrenchlaw.com+1
- Funeral expenses
Restitution is distinct from fines or civil damages and is enforceable as part of the criminal judgment.
What Are Court Costs?
Court costs are administrative fees associated with processing a criminal case. These may include:Divorce Attorney in Houston, TX
- Clerk’s fees
- Jury fees
- Court-appointed attorney fees
- Probation supervision fees
Failure to pay these costs can result in additional legal consequences.Divorce Attorney in Houston, TX
Consequences of Nonpayment
1. Probation or Parole Violations
Restitution and court costs are often conditions of probation or parole. Nonpayment can lead to a violation, resulting in:LegalClarity
- Revocation of probation or parole
- Extension of supervision periodsTexas Statutes+3LegalClarity+3Texas Statutes+3
- Additional conditions imposed by the courtLegalClarity+1hassibicriminaldefense.com+1
Courts assess whether nonpayment is willful. If deemed intentional, the defendant may face incarceration. LegalClarity
2. Contempt of Court
Willful failure to pay restitution or court costs can result in contempt of court charges. This process typically involves:
- A motion filed by the prosecution or victimLegalClarity
- A show cause hearing where the defendant must explain the nonpaymentLegalClarity
- Potential sanctions, including fines or jail timeLegalClarity
Courts may consider the defendant's financial situation but expect good faith efforts to comply with payment orders.LegalClarity
3. Civil Judgments and Credit Impact
Unpaid restitution can lead to civil judgments against the defendant, resulting in:LegalClarity
- Wage garnishmentDivorce Attorney in Houston, TX
- Liens on propertyLegalClarity+1keithfrenchlaw.com+1
- Negative credit reportingejasonleach.com+1LegalClarity+1
These actions can affect the defendant's ability to secure loans, housing, or employment. LegalClarity
4. Accrual of Interest and Additional Penalties
Unpaid restitution may accrue interest, increasing the total amount owed. Additional penalties can include:LegalClarity
- Late feesLegalClarity
- Administrative costsLegalClarity
- Suspension of driver's or professional licensesLegalClarity
These measures underscore the importance of timely payments. LegalClarity
Addressing Inability to Pay
If you're unable to pay restitution or court costs, it's crucial to take proactive steps:
- Communicate with the Court: Inform the court of your financial situation and request a hearing to discuss payment options.
- Seek Legal Counsel: An attorney can help negotiate payment plans or alternative arrangements.Texas Statutes
- Explore Community Service: In some cases, courts may allow community service in lieu of payment.
Demonstrating a good faith effort to comply can mitigate potential penalties.LegalClarity
Conclusion
Failing to pay restitution or court costs in Texas theft and fraud cases carries significant consequences, including legal sanctions and financial hardships. Understanding your obligations and proactively addressing any payment challenges are essential steps in managing your legal responsibilities.
If you're facing difficulties with restitution or court cost payments, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and explore your legal options.
No items found.
