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Restitution After Probation

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  • 03-04-2010, 08:22 AM
    cajungrl1217
    Restitution After Probation
    My question involves criminal law for the state of: Florida

    Hi, well I have been on Prob. for 2 years now for a felony charge and have 1 year left for probation. My Prob. Officer says she was going to write to the judge to get me a civil lien. SInce day one of my prob. i have been doing great and i make my full $200 monthly payments which now the total i owe is about $9,800, i want to know what happens after im out of prob. Will i be paying the same?? and will the amount i owe stay the same? I was thinking that as soon as im done i can get a credit loan and pay it off, Ide rather have to pay back a 9000 credit loan than a 9000 Restitution/civil lein. Anyways hope i can get helpful tips. Thanks!! :D
  • 03-06-2010, 09:11 AM
    Mr. Knowitall
    Re: Restitution After Probation
    What's stopping you from getting a loan now?

    A civil lien is enforceable through the civil courts. The lien holder can seek, for example, a wage garnishment order, garnishment of bank accounts, and possibly execution (seizure and sale) against personal property.
  • 03-08-2010, 10:50 AM
    cajungrl1217
    Re: Restitution After Probation
    Whats stopping me now is that my probation does not allow me to get in any further dept due to my restitution so i cannot touch my credit at all until I am out of probation. So that is why I asked, I dont own any property! I do have a bank account and a job, what they interfere whith any of that or as long as i make payments i should be fine? Ive heard that ur restitution actually goes up, is this true? Anyways, thanks for your help!
  • 03-08-2010, 11:02 AM
    KeyWestDan
    Re: Restitution After Probation
    Court ordered restitution is separate from any civil claim. If the victim sued you, they could get a civil judgment, which would negate the restitution I believe. They can't get both. I am sure having the state probation department play bill collector is much more effective then going the civil route. Usually you have to pay the full restitution BEFORE probation ends. I have no idea what your charge was, but unless it was related to credit in some way, I don't see how probation can control your civil credit facility or your banking relationships. I am not real familiar with the internal workings of Florida probation, but have not heard of the state getting a civil lien in a probation case for a third party. You don't have a house, so a lien against what? A civil judgment would have to come from the victim suing you and winning in a civil court. Unpaid restitution results in probation being extended or the court simply ordering the continuation of restitution payments through the probation office after probation ends. You can't then be revoked, but you could be held in contempt of court for not making the payments.

    I am a bit surprised you got only 3 years probation with that much restitution.
  • 03-08-2010, 11:21 AM
    Mr. Knowitall
    Re: Restitution After Probation
    If in fact the terms of your probation restrict your ability to borrow money, ask your probation officer for permission to take out a loan to pay off the balance of your probation. It's going to be easiest for the victim and for the court if the restitution is paid off by the end of your term of probation.
  • 03-09-2010, 10:26 AM
    cajungrl1217
    Re: Restitution After Probation
    Ok, i will look into that and see what i can do! Thanks for your help it is highly appreciated.
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