[Beebosmommie]

I was convicted of embezzlement in 2002. Served my time, spent 5 years on probation. Towards the end of my probation, my probation officer violated me because the huge amount of restitution wasn't paid in full by the end of the end of the 5 years probation. Went to court, my attorney advised the judge that my victim sued me in civil court in 2002. The judge advised the prosecutor that the victim cannot have two remedies. She dismissed the violation and ended the probation at the end of the 5 years and advised me that the victim will now have to come after me for the balance. However, the criminal court is still sending me a statement to pay the restitution (which I am current in my payments). After calling the reimbursement division of the criminal court, I found out that the victim had an insurance policy which paid him the amount I took. Why is the criminal court still involved with this issue when the judge said the victim couldn't have two remedies? Shouldn't I be dealing with either the victim or insurance company directly? The reimbursement division of the criminal court insists I must still pay them. What recourse do I have to deal directly with the victim or insurance co. The courts will not give the name of the insurance company.

[Beebosmommie]

How can a victim of embezzlement have two remedies? In in criminal court & 1 in civil court for the same amount?

[twinkiedooter]

Who is the plaintiff in the civil suit against you, the individual? He is essentially double dipping as the insurance company should have filed the suit, not him as he was already paid by the insurance company. The most he could legally come after you would be his dedictible and nothing more as you were prosecuted by the state and he did not incur any attorney's fees in the process.

The name of the insurance company should be there somewhere in the discovery material that your criminal attorney has. Ask him to resolve this for you as they cannot double dip.

[oneguyinohio]

Get a lawyer, go back to court to try to have the matter removed from the records of the reimbursement division of the criminal court if possible. It might be that your payments are being forwarded to the insurance company under court supervision as restitution for what the insurance company paid to the victim. Perhaps a lawyer can at least find out if the money you are paying is going to the insurance company or the victim?

I believe you are still required to pay the court, unless another court order is issued to stop that payment.

If you do succeed in stopping that payment, I assume the insurance company could still come after you again... and possibly at an even greater expense since they would have additional court cost to add...

I am not a lawyer, just trying to chime in... it would stink to have one payment stopped only to have a more expensive debt follow as a result.

[Fr_Chuck]

Sorry, I can find no pity for the criminal who is not paying back for his crime You are obligated to pay someone back, if not the victim, at least the insurance company.

So pay back what you stole.