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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Probation Terminated, Restitution Was Not Paid - Am I Still Obligated to Pay

    My question involves criminal law for the state of: Colorado
    Dear Experts,
    I need your opinions about my situation.
    Back in 2000 I was convicted of theft crime and was put in 5 year probation. I was also told to pay about 5000 in restitution. in Feb of 2010 I moved to PA. In 2004 I tried to appeal the case but instead i was told that the probation will be terminated as of Jan, 2000. Case Status: Closed; Date Case Closed: 2000-01-07 (from disposition)

    Every once in a while I was getting a collection letter regarding that restitution and i kept ignoring it. However I recently checked my credit history and it looks like in Dec of 2010 the collection was reported on my credit report. I contacted my attorney and he mentioned that I should have been notified or given an opportunity to be heard or pay when the balance was converted to civil judgement. But I was never notified and I am not even sure if it was converted to civil judgment.
    Now my head is full of questions:
    1. Must Courts convert Restitution balance to Civil Judgement when probation is terminated?
    2.What happens if Court does not convert it to Civil Judgement?
    3.How to check if it's converted?
    3.What if they converted it and I was not notified about it?
    4.Is there any Statute of Limitation for this restitution to be legally pursued?
    5.Did collection company legally reported this balance to credit bureaus?
    6.What are my options to remove this information from the Credit Bureaus?

    I am really sorry for asking too many questions but I am trying to get this off my chest. I really appreciate your help with this matter.

    Thank you in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Terminated, Restitution Was Not Paid - Am I Still Obligated to Pay

    According to this, an order of restitution can be enforced in the same manner as a civil judgment. In some states unpaid restitution is converted to a civil judgment as a matter of course at the conclusion of probation, in others it requires an additional review by the court; as you are talking to a lawyer about the issue, I suggest getting clarification from your lawyer.

    Until the statute of limitations runs the victim can sue you for damages so, assuming the statute of limitations has not run, that would be the victim's option if the restitution was not converted to a judgment (or if they weren't satisfied with their legal right to enforce the restitution order in the manner of a civil judgment). The statute of limitations varies by cause of action, and may also be affected by your absence from the state.

    I suggest disputing the debt on your credit report based upon its age.

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