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I am paying a civil judgment and criminal restitution to the…

Customer Question
I am paying a...

I am paying a civil judgment and criminal restitution to the same "victim". Do courts in TX typically require double payment to the same victim from the same debtor/criminal?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I told you, TX

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
9/29/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,371
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 8 months ago

Is the criminal restitution based on the same facts as the civil judgment?

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Customer reply replied 8 months ago
In other words, if I pay the criminal restitution, do I get credit for those payments against the civil judgment?
Lawyer: legalgems, Lawyer replied 8 months ago

Unfortunately they are considered 2 separate issues;

A plaintiff has a right to sue a defendant for tortious conduct that may or may not result in a criminal conviction; and the State has a right, to impose on a convicted defendant, a restitution order and they are independent of one another.

Nothing in the statute precludes this:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm

Restitution has a different goal than a civil judgment; restitution's goal is to rehabilitate the defendant and deter future criminal conduct. Payment can be directed to the victim or an organization.

Civil judgments are intended to fully compensate plaintiffs for their personal losses; they are completely separate.

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Lawyer: legalgems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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