I was ordered to pay restitution in 2006 the company is no longer in operation

The company voluntarily dissolved 7 years ago. The owner died 5 years ago and his wife is also gone. There is a surviving daughter, a grandson, and grand-daughter-in-law. I am in the middle of an expungment and the state is not objecting to expunging my record, providing I pay $4554 in restitution to the business. I am attempting to ask the court to consider it a

Asked on December 10, 2018 under Criminal Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Even if the business was dissolved, that does not mean that its "accounts receivable" or other right(s) to receive or collect money went away: they may well have been "assigned" or transferred to, some other person (like the owner, in which case those rights would likely then go to his heirs) or business (like someone who bought some or all of the dissolved business, or at least it's right to collect money).
Put the facts as you know them before the court; let the court tell you if it requires you to do more research to confirm that there is no one with a right to the money owed the business.


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