Re: Collecting Restiution
Quote:
Quoting
IveBeenScammed
My question involves criminal law for the state of: Florida
The person who scammed me out of $3000 was arrested and now out on bond, he goes to court on March 17th. Once the judge orders restitution how is it collected and what happens if he stops paying? Is it possible to sue in small claims court as well?
The problem with restitution is that it is seldom paid in full. If he is granted probabiton, he will pay it back monthly in small amounts. Quite often the probation expires before the person finishes paying it off. If he stops paying while on probation, that is considered a probation violation and he will end up in jail.
If I was in your postition, I would file a small claims court ASAP in addition to the criminal case. You can deduct any amounts you receive from the probation dept off of your civil judgment.