What Happens If You Don’t Pay Restitution in Washington?

If you stop paying court-ordered restitution in Washington, the court does not simply write off the debt. Collection agencies can add fees of up to 50 percent to what you owe, your wages and bank accounts can be garnished, liens can attach to your property, and if a judge finds you willfully refused to pay when you had the means, you can be jailed. For offenses committed on or after July 1, 2000, the court keeps jurisdiction over your case until every dollar is paid, with no expiration date.¹

The Debt Does Not Expire

For any offense committed on or after July 1, 2000, the court retains jurisdiction over you for restitution purposes until the obligation is completely satisfied, regardless of the statutory maximum sentence for the crime.¹ Ten years from now, twenty years from now, the balance is still enforceable.

Bankruptcy will not help either. The U.S. Supreme Court held in Kelly v. Robinson that criminal restitution is not dischargeable, because it functions as a penal sanction rather than a purely civil debt.² Filing Chapter 7 or Chapter 13 leaves the restitution balance intact.

One narrower rule for older cases: if the offense was committed before July 1, 2000, the enforcement window is 10 years from release from confinement or 10 years from entry of judgment, whichever is later, and the court can extend that period another 10 years before it runs out.¹

Collection Fees Can Add 50 Percent to Your Balance

This is the consequence most people don’t see coming. Washington law allows government agencies to hire licensed collection agencies to pursue unpaid restitution, and the collection fee is added directly to what you owe. The fee can be up to 50 percent of the first $100,000 and up to 35 percent on amounts above that. For debts under $100, a minimum fee equal to the full debt amount is allowed.³

In practical terms, a $10,000 restitution balance sent to collections can turn into $15,000. These fees are legally presumed reasonable, so challenging them is difficult. Staying current, or getting a modification before your account hits collections, is the single most effective way to keep the number from growing.

How the Money Gets Taken

Most of the enforcement tools do not require a separate hearing before they are used.

Payroll Deductions

Your judgment likely already includes language allowing payroll deduction to begin automatically if you fall one month behind. Even where immediate deduction was not ordered at sentencing, the Department of Corrections or the county clerk can pursue a mandatory wage assignment.⁴

Liens and Bank Levies

A restitution order is enforceable like a civil judgment. The state or the victim can place a lien on real estate, which prevents a sale or refinance until the debt is addressed, and bank accounts can be levied, with funds frozen and withdrawn to cover the balance.¹

Federal Tax Refund Intercepts

Under the federal Treasury Offset Program, federal payments owed to you, including tax refunds, certain federal benefits, and contractor payments, can be reduced to cover a matching delinquent debt.⁵

The Victim’s Own Collection Rights

The victim does not have to wait for the state. Washington law gives the person or entity owed restitution independent authority to pursue collection through any civil remedy, including garnishment and execution on assets, with any proceeds routed through the court registry.¹ A victim can hire a lawyer and go after your wages or property on their own.

When Nonpayment Becomes a Court Case

If you fall behind, the prosecutor, the Department of Corrections, or the court clerk can file a motion ordering you to appear and show cause why you should not be sanctioned. The court can issue a summons, or an arrest warrant if you do not show up.⁶

At the hearing you will need to lay out your finances in detail: income, expenses, debts, assets, employment status, and any disabilities or other barriers. The judge is deciding whether your nonpayment was a choice or a circumstance. Showing up without documentation makes that question much harder to answer in your favor.

A separate track exists for contempt. Washington defines contempt as intentional disobedience of a lawful court order, with remedial sanctions designed to pressure compliance and punitive sanctions designed to punish past defiance.⁷ In a contempt proceeding, you can be ordered to produce bank statements, proof of income, and an accounting of expenses, and if the court finds you deliberately chose not to pay when you had the means, sanctions can include fines, community service, or short-term jail time.

When Nonpayment Can Land You in Jail

If you are on community custody or probation, falling behind on restitution can trigger a violation hearing. A finding of willful violation can bring up to 60 days of confinement per violation.⁸ The court can also convert community service hours to partial or total confinement, or make your supervision conditions more restrictive.⁶

In extreme cases, persistent and blatant refusal to pay can be charged as a gross misdemeanor, which carries up to 364 days in jail and a $5,000 fine.⁹ Courts rarely go that far; the profile most likely to face it is someone earning real money who openly refuses to pay.

Jail is not supposed to be automatic. Under Bearden v. Georgia, a judge cannot revoke probation for failure to pay without first determining whether you were responsible for the failure, or whether alternative punishments would be adequate. If you made genuine, good-faith efforts and simply lack the resources, locking you up violates the Fourteenth Amendment’s guarantee of fundamental fairness. Incarceration is only justified when you willfully refused to pay despite having the means, or failed to make reasonable efforts to find work. Even then, the court must consider community service or a modified payment plan first.¹⁰

One narrow protection while you are still incarcerated: inability to pay from inside prison is not by itself a violation, unless you refused a job assignment or were fired for cause from a prison work program.¹¹

If You Genuinely Cannot Pay, Ask for a Modification First

If your financial situation changes, you can seek to modify your payment schedule. During supervision, the Department of Corrections can recommend adjustments to the court or, in some cases, change the monthly amount directly. After supervision ends, the county clerk takes over that role.⁴

You will need to submit financial disclosures covering income, household expenses, and outstanding debts. A modification can lower your monthly payment or extend the timeline. It does not reduce the total you owe.

Timing matters. Judges are far more receptive when you ask for help before a nonpayment hearing is filed against you. Reaching out to the court or your community corrections officer early signals good faith; waiting until enforcement is already underway makes it much easier for the court to call your nonpayment willful.

Credit and Reentry Consequences

Restitution paid on time generally does not appear on your credit report. The problems start when payments lapse. A collection agency assigned your account will likely report the debt to the credit bureaus, and a civil judgment entered through enforcement can show up in the public records section of your credit file.

The practical fallout extends past credit scores. Employers running background checks may see the outstanding obligation, and landlords reviewing your financial history may treat it as a risk. Because Washington retains jurisdiction until the balance is paid for post-2000 offenses, these effects can follow you indefinitely. Between the original amount, collection fees of up to 50 percent, and the reputational weight of an unpaid court obligation, addressing restitution early is one of the highest-priority financial steps after a conviction.³

1
Washington State Legislature. Washington Code 9.94A.760 – Legal Financial Obligations Restitution Obligations
2
National Consumer Bankruptcy Rights Center. Criminal Restitution Is Nondischargeable
3
Washington State Legislature. Washington Code 19.16.500 – Public Bodies May Retain Collection Agencies
4
FindLaw. Washington Code 9.94A.760 – Legal Financial Obligations Restitution Obligations
5
Bureau of the Fiscal Service. Frequently Asked Questions for Debtors in the Treasury Offset Program
6
Washington State Legislature. Washington Code 9.94A.6333 – Sanctions Modification of Sentence Noncompliance Hearing
7
Washington State Legislature. Washington Code 7.21.010 – Definitions
8
Washington State Legislature. Washington Code 9.94A.633 – Violation of Condition or Requirement of Sentence
9
FindLaw. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1 1984 and After
10
Legal Information Institute (LII). Bearden v. Georgia
11
Washington State Legislature. Washington Code 9.94A.753 – Restitution Application Dates