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jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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If you have been convicted of a money felony ...

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If you have been convicted of a money felony against a company (fradulent use of a credit card) and the company has gone out of business and has desolved and you have been ordered to pay the company directly (according to your judgemet of conviction) and there is no one to pay, are you obligated to pay their creditors or is your obligation void.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
Hi JoAnne, most companies file for bankruptcy when they go out of business, meaning the judgment would transfer to them. I would not want to risk violating the court order and receiving a more severe sanction. Your obligation would not be void absent a court order. Are you under any type of supervised release, reporting to any probation officer? If so, refer the matter to them. Normally when a business files for bankruptcy and close, all their assets are given to a liquidator, who sells them and distributes them among the creditors, I am sure eventually they would become aware of your case and come looking for you. It's similar to suing a dead person, you sue the estate. Even if the proceedings are closed, they can be reopened upon new evidence. I would err on the side of caution and talk to the creditors, you don't want to risk violating a court order.
Hope the information was helpfull, and sorry about your dilema.
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
jamest and 6 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
I was given a amended restitution hearing from my judge and he gave the two creditors that feel they should get the money 30 days to prove to him that they should get the money. I received a letter from the judge yesterday and it sounds like they haven't proven to him that they should get the money. He has turned it over to the court commisioner to make the decision. My probation officer is aware of the situation and the judge has ordered me not to pay any more restitution until this has been settled.
Expert:  jamest replied 6 years ago.
Well there you are. IF the judge ordered you not to pay then don't. It may depend on how much money were dealing with, and the creditors relation to the company, how much is owed to them. There is a lot to consider, I just wanted to make sure you were not violating the judges order, I iddnt know if he was aware or not. Just keep proactive, and show diligence, to the judge and your probation officer, that you want to comply and settle the matter.
If there is a hearing with the commissioner, I would attend if you are able, that way you have an idea of what they are claiming, and you don't want it to be a one sided argument. But in the end it depends on the commissioner, some are more lenient than others, and will view these as just blood sucking creditors who want $ at the expense of anything and anyone. good luck with that hearing.
Customer: replied 6 years ago.
The original amount of the restitution the company wanted was $42,000.00 (over the amount that I charged). I have paid in over $15,000.00 which they did not pay to the credit card that was used by me, they pocketed the money themselves. The credit card company feels they should get the money that is left on the account even though I did not charge the remaining amount. That amount was charged by the owners after I left. But they told the credit card company to make me pay it not them. The other so called creditor was actually a silent partner in the company, but can not admit this to anyone,so he is calling himself a creditor because if he admits it he will have to pay the company that sued the company I worked for, for stealing trade secrets. This is why they finally went out of business, because they were sued for their actions on stealing trade secreets.
Expert:  jamest replied 6 years ago.
If you have any documentation, bring this to the hearing. I say this because honestly the commissioner may be biased against you for your crime, and may believe this scumbag, thats just a fact of law, judges and the like made credibility determinations and a criminal record is a big strike. however if you show up they may be scared you know something, or have some kind of evidence to show this is a fraud on their part. You say part of the charges you were convicted of were charged by them, how did they prove you were guilty if it was after you left? or did they just assume since you did it before, it must have been you?
Customer: replied 6 years ago.
When this all first started, no one believed me that I did have permission to use the card and when I testified against them in the trade secret trial against them, that is when they came after me and said they new nothing about me having this company credit card. I was sentenced to 3 years in prison and then the judge let me out 1 1/2 years early. When I got home my probation officer is the one who told me that the money was sitting in a trust account because no one had claimed it for the last 2 years. When they sent it to the company it was always returned back to the state. My probation officer is the one who convinced me to file for a restitution hearing. The judge and DA have since found out that the people I was dealing with are scum bags and this is why the judge froze my restitution payments until some type of decision is made. In the letter I received from the judge yesterday, he kept saying "to whom the money shall be paid, if any shall be paid". I have proven to the judge and the DA that they have not paid any money to the credit card company and purposely charged the card to the limit before they closed their doors, then told the credit card company to come after me. It has been proven that the remainder of the bill was all charged after I left.
Expert:  jamest replied 6 years ago.
Well given this I would say the judge is on your side, which is good. You have a good chance, I think, bring any documentation of nay kind, including orders to stop paying or anything which may help your case. Unless this commissioner is a scum bag also, I don't think he will disagree with everyone else. I'm sure your probation officer would vouch that you have been doing everything you can since your release to comply with the courts orders, which is definely a good thing. If you have anything from the Judge or DA which supports your case, thats important too. the fact that the judge released you from jail early is also a positive thing in your corner. All I really can say is be prepared and hope for the best, it's all up to who he believes.

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