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Restitution Questions

Restitution is awarded by the court to the victim of a criminal or civil violation and is given by the person or persons who committed the violation. While restitution can be in many forms, it usually centers on the expenses caused by the person who is convicted. Restitution doesn't include legal fines or punitive damages. Take a look at the questions below regarding restitution that have been answered by Experts.

In 2006 I was sent to prison for 18 months and was supposed to pay restitution and once out it was turned over to a collection agency. I filed bankruptcy in 8/2010 and put the collection on there. I have never been contacted nor have I received any letters. I am trying to get my record set aside, will I be able to do this or does the restitution still stand?

Court ordered restitution cannot be removed through bankruptcy. Regardless if you added the restitution on your bankruptcy claim, you will still owe the money. In order to have your record set aside, you have to complete the sentence that was given to you, that would include paying the restitution. Once you have fulfilled the entire sentence, it may be possible to get your record expunged.

You should focus on paying the restitution. You may have to deal with a collection agency but you may be able to have the amount lowered by settling with them. Taking care of the restitution may take some time but this must be done before you can continue with attempts to clear your record. Once you have taken care of the restitution, you can then focus on setting your record aside.

Can I get the amount of my restitution lowered? It is going to be impossible to pay this off in my lifetime.

In order to get the restitution lowered, you are going to need to ask the court that issues the order to waive or lower it. Aside from asking the court to lower the amount, there is little that you can do. Your chance of having the amount lowered should have been handled through an appeal after the restitution was set by the judge. Since you didn't do this, your next step will be to file a post conviction relief motion to request that the court waive the remaining amount.

I owe money in restitution. I will receive an inheritance later this year. Will I have to pay all of the money I receive to the restitution if they get a lien on it?

You are only required to pay the amount of the restitution and nothing more. For example if you owed $5,000 for restitution and you are going to receive $10,000 from your inheritance, the only thing that can be taken from your inheritance is the amount that you owe for restitution and any interest, and the cost of the lien. However, if the cost of the restitution exceeds the amount of your inheritance, they would be able to take the entire amount to pay toward the restitution.

I need to know once restitution has been set if the amount is too high can it be lowered at a different date?

In order to have a restitution order lowered or modified in any way, you would need to file a motion to modify restitution. Once you file the motion, the court will set a date for a hearing and notify everyone involved. The victim will be notified and is allowed to appear at the hearing and voice any objections they may have.

If there was a civil judgment entered, the only way the amount can be lowered or modified is if the victim agrees to enter a satisfaction of judgment which shows the matter is resolved.

Restitution is the monetary award ordered by the court to a party in a lawsuit. If you are in a situation where you have to pay restitution and you have questions, you should ask an Expert. When consulting an Expert, you will receive experienced legal insight and assistance on how to handle your situation.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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