Can I get restitution back from an individual if I overpaid?

UPDATED: Oct 2, 2022

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Can I get restitution back from an individual if I overpaid?

Your Questionedit text
I smashed someones grill at his house at a
party and he called the police and the police
pressed charges and the person filed for 400
in restitution. He told me the next day that if I
payed him for what I broke he would drop the
charges. I payed him 1600 not knowing he only
filed for 400. This is all documented with
witnesses. I then got charged a minor fine by
the police but was asked to pay the victim 400
for restitution. I cleared it with the judge and
officer as he knew I payed it already. But can I
go back after the victim for the 1200 extra that
he claimed he needed for restitution?

Asked on October 29, 2019 under Criminal Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't get that money back IF he asked for the charges to be dropped and/or did not file the charges. In this case, you agreed to pay him $1,600. You did not have to: you could have refused to pay, offered a lower amount, asked to see the invoice, etc. for the grill before paying, etc. But since you voluntarily chose or agreed to pay $1,600, you are held to that--if he honored his side of the agreement.
However, if he breached his agreement--that is, if he caused charges to be filed against you and then did not try or ask to drop them--then you could sue him for the money, or at least for the surplus, based on his "breach of contract," or violation of his agreement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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