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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112668
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was sentenced in June 2006 to 3 years probation and $600K

Customer Question

I was sentenced in June 2006 to 3 years probation and $600K in restitution, between myself and someone else in the same case (not codependent though) in 2006. I have since completed three years probation which ended in 2009 and paid $40K thus far. As the total amount was not divided amongst the two of us equally. My question is would they consider 1) splitting the restitution and applying what I have paid thus far to my portion 2) agree to a settlement for the remaining balance at that time. The money is to be paid back to HUD.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The court can consider a waiver or modification of restitution upon proof to the court that the party cannot reasonably be expected to pay the restitution in a reasonable time. This would be done by filing a motion for post conviction relief with your reasons why the restitution should be divided in some proportion between you and the other party and that anything you paid be credited towards your restitution due. While the court is likely to agree to a division of the restitution between the parties, the court is not likely going to be willing to agree to a settlement on the balance unless you can prove that based on financial circumstances it is not likely that the full amount you owe in restitution can never reasonably be paid. So you do have a possibility of having the restitution divided, but it is going to be much more difficult to get them to reduce the restitution amounts.