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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117360
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Sure. i need to file a writ of restitution on ******

Customer Question

sure. i need to file a writ of restitution on B****** H******** of Thornton, CO involving a felony crime (may 29, 2010 (premeditated) Against me, A****** R******
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Colorado,
JA: Have you talked to a lawyer yet?
Customer: Not offically
JA: Anything else you think the lawyer should know?
Customer: There is no amount of money to excuse her behavior, but I will give my word to DPD that I won't choke her out for another 2 years
Submitted: 11 months ago.
Category: Criminal Law
Expert:  attyadvisor replied 11 months ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you. Was she convicted? I am trying to ascertain if restitution was ordered at the time of the conviction or if you are attempting to pursue this on your own? Are you online with me?

Expert:  attyadvisor replied 11 months ago.

I can walk you through the process?

Expert:  attyadvisor replied 11 months ago.

"You may pursue collection of restitution from the defendant in the same manner as a civil judgment. This is your right as a victim. If you choose to pursue collection on your own, you need to notify the court, in writing, of your intent. This can be accomplished by completing the “Notice of Intent to Pursue Collections by Victim” form and filing it with the sentencing court. Forms are available through the Clerk of the Court or Collections Investigator (JDF 229 in the forms directory under miscellaneuos category). Upon receipt of the notice the court will no longer actively attempt to collect the restitution, but the Collections Investigator may still assist in the victim’s effort to collect.

Once the court has received notice that the victim is pursuing their own collection efforts, the victim may apply for any of the following without cost to the victim:
1. Certified copies of the Transcript of Judgment
2. Attachment of Earnings
3. Writs of execution, attachment or other civil process to collect upon a judgment

You should routinely advise the Clerk of the Court of any payments you have received directly from the defendant or through your own actions to collect. For further collection remedies that the victim may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes or consult an attorney.

The victim may also withdraw from pursuing his or her own collection efforts. To withdraw, a notice of such withdrawal must be filed with the sentencing court using the form “Notice of Withdrawal of Intent to Pursue Collection by Victim
(JDF 230 in the forms directory under miscellaneuos category). The withdrawal notice must state how much restitution,
if any, the victim collected along with documentation showing the amount collected.

In some circumstances, both the juvenile and his or her parent(s) or guardian may be ordered to make restitution to the victim. The maximum liability under Colorado law for the juvenile’s parent(s) or guardian(s) is $25,000."

Expert:  attyadvisor replied 11 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. Please let me know how everything works out.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.


Expert:  Law Educator, Esq. replied 11 months 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.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor has had to leave.
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