What to do if someone fails to pay restitution?
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What to do if someone fails to pay restitution?
Someone rear-ended me and was sentenced to pay restitution 7 months ago. He paid 1 payment 6 months ago and I have not seen any money since. What can my next steps be? I called the restitution office and they said they would send out a warning letter
Asked on November 3, 2011 under Bankruptcy Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a restitution order in your favor arising from a criminal matter, it is for all intents and purposes a judgment that you can use to levy upon a person's assets or do a wage garnishment. Also, since the order for restitution arose out of a criminal proceeding, you can have an order to show cause regarding a contempt of a court order issued as well.
If you do not have much money to hire a debt collection attorney, I would wait for the warning letter from the restitution office as well as send your own demand letter giving a date certain for payment. If the person who owes you money is not responsive, then you may want to try collection efforts on the judgment owed you.
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