Fraudulent Restitution Claim

**end of rope** · 03-12-2010, 10:01 AM

My question involves court procedures for the state of: Michigan. I am curently on probation and paying restitution for a charge of larceny from a building. I am current on my restitution payments. At the time of sentancing I was denided a restitution hearing, the charge was reduced from b&e and I believe this was part of the plea. The restitution ammount is full of fraudulent claims, and I believe I can prove that. What are my options for civil remedy. Keeping up with these restitution payments have forced me into forecloser and chapt.13 to save my home, stripped my retirement account and placed uncountable hardships on my family.

**KeyWestDan** · 03-12-2010, 11:42 AM

No, at this point there is NOTHING you can do. You agreed to the plea deal and now you have to live with it.

I shouldn't really say "nothing." You can stop paying it, face a revocation hearing and probably go to prison. Then you won't have to worry about house payments or any other bills.

**Mr. Knowitall** · 03-13-2010, 07:44 PM

What do you mean, you were "I was denided a restitution hearing"? You didn't ask for one? You requested one, but then withdrew your request and entered a guilty plea with an admitted amount of restitution? Didn't you have a lawyer representing you?

Odds are that all you can do now is attempt to demonstrate an inability to pay, Kwame Kilpatrick-style, as opposed to rearguing your sentence.

**end of rope** · 03-16-2010, 11:16 AM

I was not allowed a restitution hearing at the time of my plea. My attroney said it was part of the agreement. I understand that rearguing my sentance is not an option, my question was, do can I sue the "victum" for return of the fraudlent restitution claim and damages that paying these claims have caused me.

**KeyWestDan** · 03-16-2010, 11:41 AM

Absolutely NOT. IMPOSSIBLE under any theory.

Nothing said or done in court, in this context, can be contested in a civil action. Perjury, for example, has no civil recourse.

The amount and grounds for the restitution could be largely fabricated from whole cloth. There is absolutely nothing that can be done.

The time for any action is long past. You don't say how long ago this was, so you might be past the statute of limitations, were there any conceivable cause of action.

If you wanted to contest the amount of restitution or reasons for restitution you would have had to do that in court before sentencing. As you decided to plea guilty with that as part of the deal with the prosecution, you are so out of luck and so out to space that now you might as well ask for a free ticket to the international space station. You'd have better luck.

It doesn't matter how badly you want something. It just doesn't work that way.