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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I was ordered to pay restitutions while on probation. I made

Customer Question

I was ordered to pay restitutions while on probation. I made my monthly payments every month while on probation. I have completed my probation but now the payments have been sent to a collection agency for the state. They do not show or have any record of me paying anything while on probations. I sent all of my payments directly to the company. So it is as if I have not paid anything according to the collection agency. They told me if I can get conformation that I did pay they would adjust my total that is due. Plus the money paid the day I went to court is not reflected. So I have done so research on the money orders that I have sent to the company and found out none of them were cashed. My attorney told me to pay the tracking fee of $15.00 per money order. That will total a lot money that on my end again. I know what I did was wrong and I have paid with my time by being incarcerated, in restitution and starting from zero again plus more money to track the money orders. I just with all of that being said what I can do now if anything. What options do I have?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is Alex and I will be glad to help you.

Do you have copies of all the money orders that you have sent to pay your restitution?

What were the amounts of each money order?
Customer: replied 2 years ago.

It is nice to meet you Alex and I really appericate your help.

 

Yes, I do have all of my copies and a copy of the check that was paid in court. But they so show any deductions for that payment either.

 

Each money order was $200.00 and the check was for $10,000.

 

 

Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Was the check cashed?

Do you have proof that you have mailed the money orders?

What is the total amount that this collection agency is seeking and the total amount you have paid according to your records?
Customer: replied 2 years ago.
Yes, the check was cashed and I have a copy of the endorsed check.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.


Do you have proof that you have mailed the money orders?

What is the total amount that this collection agency is seeking and the total amount you have paid according to your records?
Customer: replied 2 years ago.

I just sent the payment by regular mail.

 

The total sent to the collection agancy is 252,292.19. But the original total was 210,567.16. I have paid 11,200 while on probation. Plust the 10,000 in court.

Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

When did you receive a first letter from the collection agency and did you mail a debt verification letter to this collection agency by certified mail?
Customer: replied 2 years ago.
I received the first letter back in December 2010. I came by regular mail and it was in a carbon style envelope. Nothing has ever came certified mail. Once I received the letter I called the number given if you have any questions and thats when I was told what the collection was for. Then I was told at that time I need to make payments of what I could or they would garnish my check. So I starting making my monthly payments. Then another letter came and stated that they will be taking my State tax return. I then called the number again and was told even though I was making my payments the states feels if you owe the state then I am not able to get my state tax refund. I understand that and accepted that. But what I do not understand is why would the state be involved now. I also know and understand when you commit a crime you commit it against the state and they have the right to do what they do.Then just a few months ago I received another carbon letter and it was so smugged that I could not make it out. So I called the number again and the lady I spoke to had no idea what the letter said or what it was for. Then she told me not to worry about until i get another one or something happens. And since then I have not heard anything.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Unfortunately, criminal restitutions never expire and cannot be discharged in bankruptcy and the state gets involved when it comes to its collection.

I would suggest that you do trace the money orders that you had sent, as these money orders are for a large amount and you do not have any proof of mailing them or the fact that they were cashed, actually the opposite you know they were not cashed.

So once you do this, I would suggest that you send a debt validation letter to this collection agency by certified mail with return receipt requested for your records.

A sample of a general debt validation letter can be found here:

http://www.creditinfocenter.com/forms/sampleletter9.shtml

Once you send them the letter, the Collection Agency will have 30 days to send you a detailed statement of what these charges are for and you will be able to dispute them and also you will be able to mail a copy of the cashed check to them and hopefully you will be able to recover the value of the money orders that you had mailed, which might help you catch up on your payments.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
Customer: replied 2 years ago.
This is a hard pill to swallow because I am really having a hard time with understanding this process. I have done everything that has been asked of me and I feel like there is no end to it. Can I write a letter to the judge and see if there is something he can do. Cause when I went to court he said once I had completed my probation he would take another look at my case? Also, can you tell me who would have had it sent to the state or does the state just pick up these things.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

I would actually suggest that you consider filing a Motion for a Restitution Hearing in the same court where you were ordered to pay restitution and the judge will review all of the documentation that you have to back up your position that you are current on your payments and will be able to make a determination regarding your situation and hopefully resolve the any and all restitution issues.

I would suggest that you do consult and retain a local criminal defense attorney who specializes in the matters related to restitution.

You can use these well respected and reliable websites to find an experienced criminal attorney in your areal to help you proceed in this matter:

www.martindale.com
www.justia.com
www.lexmundi.com
www.lawyers.com

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated

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Alex J. Esq.
Alex J. Esq.
Criminal Lawyer
13438 Satisfied Customers
Experienced Licensed Attorney / Criminal Law Mentor