DUI CAUSED ACCIDENT WHERE TWO PEOPLE WERE INJURED in Al.

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DUI CAUSED ACCIDENT WHERE TWO PEOPLE WERE INJURED in Al.

My son was in an accident while drinking in 1994. He was sentenced to 2 yrs plus probation when released. While he was in jail the judge awarded $2.5 million restitution to be paid. My son was unaware of this until after the fact. Last June he was burned over 35% of his body in a house fire and lost everything he and I owned. He is now on total disability SS. He gets $760.00 per month and the court is getting $200 of that. Can any thing be done to waive this restitution because of his disbility? Can the court garnishe his check?

Asked on June 18, 2009 under Criminal Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

For most judgements, Social Security Disability cannot be garnished.  However, they can be for court-ordered restitution.  Still, perhaps some type of adjustment can be made.  Your son should contact legal aid or, if there is a law school nearby to where you live, call their law clinic. 

Best of luck.


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