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jwillyb · Sep 22, 2009, 05:56 AM

Hello,

I was conficted of theft over $5000.00 in alberta back in 2004 for stealing roughly $20,000from my employer. I received 9 months house arrest and 12 month probation, along with the usual terms of keeping the peace, stay away from alcohol and drug's etc... and to pay back the $200.00 deductable for there insurance.

I completed all the conditions and was released from probation at the end of my sentence. But just the other day I got a call from a collection agency saying he had a court order in his hands from 5 years ago saying I was ordered to pay back the $23, 000.
So I asked him to send me the paperwork, which he did, and sure enough there is separate restitution order against me to pay back the money. The problem is, I was completey unaware of this, my po never sais anything about it and if I had this separate order and did not pay it should I not have been released from probation? Also I was never given a chance to appear before the judge on this.

I know live in a different province, so is there any thing I can do about this? Any help would be greatly appreciated.

JudyKayTee · Sep 22, 2009, 06:16 AM

Are you saying that there is a Judgment against you for the money, that there is a Court Order requiring you to pay it back, something else?

Your PO should not be the person to tell you this. It should have been addressed in Court. Have you asked your Attorney?

I'm not exactly sure what the circumstances are.

jwillyb · Sep 22, 2009, 06:52 AM

It is a court ordered restitution. Problem is it was not part of my original sentence, it appears that the insurance company went to court after I was sentenced, a couple of months or so. And again I was never served with papers or anything, just got a call a couple day's ago saying they have a 5 year old order. And the restitution order was to the original insurance company, but they have since been bought out by another company so now I owe them.

JudyKayTee · Sep 22, 2009, 07:17 AM

Are they simply attempting to collect because they claim you owe them OR is there actually a Judgment or a Court Order?

It is unusual if there IS a Judgment and Court Order for a collection agency to spend the time and money attempting to collect. The "creditor" could simply enforce the Judgment.

I would ask for a copy of the paperwork.

excon · Sep 22, 2009, 07:21 AM

Originally Posted by jwillyb

it is a court ordered restitution. problem is it was not part of my original sentence, it appears that the insurance company went to court after i was sentenced, a couple of months or so. and again i was never served with papers or anything, just got a call a couple day's ago saying they have a 5 year old order

Hello j:

I think you've been hornswaggled.. The good news is you got a call, instead of a frozen bank account...

Even if you live in a different province now, you need to get back in front of a judge from the province that sentenced you.. I wouldn't know how to do that. I think you need an attorney.

excon