What to do if I’m a victim in a federal case in which the defendant was sentenced and also ordered to pay restitution but has not paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m a victim in a federal case in which the defendant was sentenced and also ordered to pay restitution but has not paid?
The defendent’s incarceration period has ended and now the defendent is out of prison working, but is not paying restitution. Likely the defendent is the type who will only do what he is forced to do. What can I do to have the defendent pay the restitution that he was ordered to pay? Must I bring a civil lawsuit? The crimes were committed 5-6 years ago. Is there a statute of limitations on bringing this suit? Finally, as a result of the crimes committed against me, I had to file bankruptcy. If I do file a civil suit, and restitution is paid to me, would that restitution money be forfieted to the bankrupcy trustee?
Asked on July 16, 2013 under Criminal Law, New York
Answers:
Robert Johnston / Law Office of Robert J. Johnston Attorney
Answered 10 years ago | Contributor
You should not need a civil suit. Contact either the victim's advocate, which you should have had one, or inquire with the prosecutioin. You can always hire a lawyer to handle it for you. If the restitution is a certain amount, a lot of lawyers will do it on a contingencey basis and just take a percentage of what they recover for you. That nice because it doesn't cost you any money up front and you won't have to deal with the headaches and frustrations of going through the unfamiliar process.
I've done this in the past for people with a fair amount of success. You are welcome to call or email.
Robert J. Johnston
843-946-0099
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 AttorneyPages.com 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.