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    Shell4u40's Avatar
    Shell4u40 Posts: 3, Reputation: 1
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    #1

    Nov 25, 2011, 06:47 AM
    Criminal restitution?
    Can I ask that a criminal restuition paybe dismissed due to inable to pay. When the order was giving I was able to work and I was paying but now I'm disable?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 25, 2011, 06:49 AM
    You can of course petition the criminal court, but I doubt they will do anything. It can not be included in bankruptcy in the US and the debt will remain valid for your life time.

    Also in many places failure to pay is a violation of probation and you can even be put in jail for failure to make some payment arrangements.
    Shell4u40's Avatar
    Shell4u40 Posts: 3, Reputation: 1
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    #3

    Nov 25, 2011, 07:26 AM
    Not able to make restitution payments
    What can a person do when there unable to pay restitution because they became disable and living off a disability income a month. What is there opinions?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 25, 2011, 07:35 AM
    Hello S:

    Please don't start new threads. It's easier to follow a COMPLETE conversation...

    The Padre told you how it is... But, it's NOT absolute.. If you DON'T pay, for whatever reason, you put your fate into THEIR hands, and they're not going to treat you as well as you would yourself...

    So, the thing is to KEEP on paying until and if you absolutely can't... At that point, IF you inform the court AND your PO about your circumstances and you made EVERY effort to pay when you could, then I doubt they'll violate you.

    If you CAN'T pay, and it's determined that you can't pay, then your probation should end and the restitution may be then considered a civil judgment... There's no way to tell absolutely. I'd seek legal help. Of course, you can't pay. Look for free advice.

    excon
    Shell4u40's Avatar
    Shell4u40 Posts: 3, Reputation: 1
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    #5

    Nov 25, 2011, 07:40 AM
    I am not on any probation. I finished my 2 year probation sentence back in 2008. So that's over with. I don't have a probation officer. Have all my paper work where I completed it with zero balance.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 25, 2011, 07:49 AM
    Hello again, S:

    You didn't find my information helpful. So, why should I give you more?

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 25, 2011, 11:12 AM
    Excon is correct, parts of the term of probation normally is paying this debt, So while the other parts of probation is over, you may want an attorney to look at the terms of the debt.

    In Georgia there are people put into prison every day for not paying the fines and restitution to the court. So at least here in Georgia, I know it is a fact.
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