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weisssusie · Sep 21, 2011, 05:59 PM

My probation was supposed to be 5 years but my public deffender requested 10 years because I was not going to be able to pay... I'm dissabled, not working and on food stamps and medicaid... I owe almost 200,000 and pay 50.00 a month... can I request a reduction of probation and then after probation ends, get a civil judgement? I don't have anything to put a lien on and have not filed taxes in three years...

Fr_Chuck · Sep 21, 2011, 06:13 PM

You can request it, but why should they, if they do, they know you won't pay a penny after probation is released.

weisssusie · Sep 21, 2011, 06:15 PM

The owner of the Mortgage Bank is in jail for fraud... the bank filed for chapter 11 in 2009 and there's no record yet of being dismissed, do I still have to pay restitution or fight it? They are liable too because they had a quality control department and approved the bad loans without verifying anything... can I sue to get restitution settled? Or removed?
They sold the foreclosed properties and had a loss, my company is liable for the losses claiming that the loans were fraudulent, but they are liable to for approving the loans without verifying... the lended the money not me... they had more responibility to verify if all the info was true... The buyer pleaded guilty and is in prison... I got probation and have to pay 200K I'm disabled andon food stamps... do I have a case against them?

weisssusie · Sep 21, 2011, 06:26 PM

The judge did not want to extend the probation to more than 7.5 years but the lawyer requested more...

ScottGem · Sep 21, 2011, 06:28 PM

If you were ordered to pay restitution that would indicate you were convicted of something. If the information about the company's problems was not available at your trial then file an appeal.

However, if you were convicted in spite of the other company's issues then you owe the restitution.

weisssusie · Sep 21, 2011, 06:29 PM

Even if it was requested by the lawyer? The judge didn't want to give more than 5 years... they are not getting anything now just 50.00/month because my children are paying... since then I got into an accident and can't walk nor talk very well... had brain injury

Fr_Chuck · Sep 21, 2011, 06:34 PM

If you are within the appeal time, or if the other part became a co-criminal in the same crime you were convicted for. You may have a case to settle it, since they can not make a profit from their crime.

So while I doubt you wlll get anywhere, it if was me, I would try, you have nothing really to lose

weisssusie · Sep 21, 2011, 06:43 PM

Thank you Scott, and yes the prosecutor knew abot them filing for bankruptcy and my lawyer told me that if they don't organize, then I don't have to pay, I need to know if its true... you know how public defenders are... I pleaded guilty because of my condition I was not mentaly able to stand a trial... can I sue the Bank for their part of responsibility?

weisssusie · Sep 21, 2011, 06:51 PM

I'm on probation and need to pay restitution... I'm not able to paY more than 50.00 /month... I got into an accident an had brain injury my speech and walking are impaired... the PO knows that I'm not going to be able to pay and for the last year she is not requiring me to go to see her, she is just getting reports from doctors every 90 days... will I be able to get a probation reduction if requested?

Fr_Chuck · Sep 21, 2011, 06:54 PM

Please do not keep starting threads on threads ( questions) that are very much the same, or about the same issue.

You can "answer" your thread to add more info.

I have merged the several threads, which I hope did not confuse too much