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I have been paying criminal restitution for 17 years, the…

Customer Question
I have been paying...

I have been paying criminal restitution for 17 years, the county wants to increase my payments and has threatened to garnish my wages, can they do that?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Please be more specific, about filed or reported.

Submitted: 1 month ago.Category: Legal
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Customer reply replied 1 month ago
how long will it take to receive an answer?
Answered in 23 minutes by:
3/14/2018
Lawyer: P. Simmons, Attorney replied 1 month ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 36,621
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 1 month ago

I want to make sure you understand...you say "the county"...are you referring to the court?

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Customer reply replied 1 month ago
I was ordered by the court to make restitution payments back in 2001, I made payments in the beginning to the adult probation department up until 2004, my restitution was handed over the the county collections, and I've been making payments to them.
Customer reply replied 1 month ago
are you waiting for payment?
Lawyer: P. Simmons, Attorney replied 1 month ago

Sorry, lost connectivity...just a moment

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Lawyer: P. Simmons, Attorney replied 1 month ago

SO are you behind in the order? From the criminal court...are you current with the ordered payments?

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Customer reply replied 1 month ago
I have been making payments for 17 years, there was a gap, when I had not received any statements, so I did not make payments, the gap was I think 2010-2012
Customer reply replied 1 month ago
No, not behind in payments
Lawyer: P. Simmons, Attorney replied 1 month ago

Wait...you state you missed 2 years...did you pay back that amount ?

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Customer reply replied 1 month ago
no
Lawyer: P. Simmons, Attorney replied 1 month ago

IF you are current on your payment order (so not behind...not in arrears)? Then they are not able to garnish. But if you are behind (it seems you are)? They (the county) can request the court to order garnishment of the arrears

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
No, I'm not behind, I've been making my payments every month and had agreed to what I can pay, but now they are wanting me to pay more, but I can't, and because I can't they have threatened to garnish my wages, how can I stop that from happening?
Lawyer: P. Simmons, Attorney replied 1 month ago

They have to go to court for a garnishment order. THey have to give you notice of the hearing (so you can attend). If you are current (do not owe money from the 2 years you missed) they are not going to garnish

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
Even though, they are the county office of revenue and recovery? They would have to go to court? If I don't agree to the increase they want me to pay, is that grounds for a garnishment?
Customer reply replied 1 month ago
What can I call and tell them? or ask them? every year they intercept my state tax refund.
Lawyer: P. Simmons, Attorney replied 1 month ago

To garnish your wages they must have a court order.

If you are complying with the original order, they have no basis to garnish

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Lawyer: P. Simmons, Attorney replied 1 month ago

If you are not complying? That would be a basis to garnish

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Customer reply replied 1 month ago
The original order never mentioned how much a month I would have to pay, as long as I made payments, I currently pay $35 a month. Would it be possible for me to reach out to the victim to ask if they could forgive the crime, so that I wouldn't have to pay restitution? I wish that I could speak with you by phone, but can't pay the $59 today.
Lawyer: P. Simmons, Attorney replied 1 month ago

The court order is enforceable. If the victim were willing to make a request to the court to eliminate the restitution order? The court could eliminate the order...but you would need to have the victim make this request, through an attorney.

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Customer reply replied 1 month ago
Please tell me how I can proceed?
Lawyer: P. Simmons, Attorney replied 1 month ago

Sorry...I do not understand. It's very hard for us to answer a question like "how do I proceed" and provide you with helpful information. I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

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Customer reply replied 1 month ago
ok, I understand. How can I have the victim make the request?
Lawyer: P. Simmons, Attorney replied 1 month ago

There is no way for me to answer that question...I do not even know the victim...how in the world could I tell you what they need to agree to help you...

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Customer reply replied 1 month ago
What do you need from me, so that you can help me
Customer reply replied 1 month ago
I ask for help, why was I referred to a new lawyer?
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