Restitution

Question Details:

I paid restitution from a charge in 2002. Apparently now in 2009 they say I still owe money. I have no receipts. They sent me to collection agency. Now I have to paid collection fee plus a fee every month to have $100taken from my account. Can they do this? Can I ask plaintiff for leniency?

Asked 10/30/2009 under Criminal Defense | 278 View(s) | More Legal Topics

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Criminal Defense Law Answers

Yes, they can do this.  You might want to look into getting a loan to pay this off, it might end up being cheaper, depending on those fees.

Your restitution is a judgment against you, just as if you had been sued in civil court for whatever damages you caused.  But since this is a criminal case, it isn't up to the person who was harmed, who would have been the civil plaintiff:  the "plaintiff" in your case is the State.  You can ask the court for a modified sentence, but you would need to show some very good reasons why you should be let off the hook.

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