Is there a SOL on a restitution hearing?

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Is there a SOL on a restitution hearing?

The judge during sentencing that there would be a restitution hearing in 30 days. It’s been 6 months and I have not heard a word.

Asked on May 9, 2014 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Not as such. If the legal action was brought within the statute of limitations--as it evidently was, since you indicate there has already been sentencing--there is no firm deadline on when the restitution hearing must be held. There are legal doctrines that could block being forced to pay restitution if enough time goes by, but 1) that will require the passage of considerably more than 6 months; and 2) they are  not hard-and-fast bars, but rather represent discretionary principals that a judge *might* look to in feeling that it is no longer just to have the hearing and order restitution. Consult in person with a criminal defense attorney if you want to explore when and how you could try to oppose restitution.


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