If I was held jointly and severally liable forthe payment of restitution and no one else is paying their share, do I have to pay all?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was held jointly and severally liable forthe payment of restitution and no one else is paying their share, do I have to pay all?

I was ordered to pay 58,000+ in joint and several restitution with 26 other co-defendants; who were also convicted on other idictments and paying restitution on those as well. I have paid over $4,000 on the one case I was convicted on, while the other defendants have paid maybe $400-$500 all together. This was on a bank fraud case in MO (I now reside in IL) which I netted a total of 7,000 on due to a lapse in judgement trying to fix my broken down car in my early twenties. I’m now 36 and I’m facing a lien on my house and the garnishing of me my wife’s joint tax refund.

Asked on May 23, 2011 under Bankruptcy Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The judgment creditor--the person who obtained the judgment, and to whom you and the others owe the money--can proceed against you for some, most, or all it; when there is joint and several liability, each of the judgment debtors can be forced to pay the whole judgment by the judgment creditor.

However, you may very well have a right against your co-debtors, to force them to contribute to paying the judgment, if you find youself finding a disproportionate share. You should consult with an attorney, who can evaluate all the specifics of your situation, to see what your rights are in this case. You may also wish to discuss with the attorney whether bankruptcy might be a good solution or option for you. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption