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  1. #1
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    Aug 2006
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    Default Modifying a restitution order

    Regarding a felony conviction in California, if restitution was ordered in an amount over $50,000.00, community service was served, probation was served and has ended two years ago. A civil judgement has been recorded.


    Can the amount of restitution be modified and lowered. I have seen where restitution must be ordered, but no where can I find information regarding a modification. I know my felony can be reduced, but no where can I find precedence for reducing the amount of restitution. only the terms "compelling and extraordinary reason" in regards to the imposition of the restitution itself.

    I know that there is a difference between the restitution fine (where I do see the court has discretion) and the restitution itself.

    I believe this can still be negotiated down even after probation has ended, especially if the victim is in agreement. Any help would be appreciated.


    Thank you

  2. #2
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    Default Re: Modifying a restitution order

    If you were discharged from probation, that would normally end payment of restitution through the criminal case. A civil judgment is not part of the criminal case, although you should get credit against the civil judgment for any restitution paid through the criminal case. Are you sure that you're trying to get the criminal court's restitution order reduced, as opposed to the civil judgment?

  3. #3
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    Aug 2006
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    Default Re: Modifying a restitution order

    Since I am off probation legally they can not put me in jail for not paying the amount I owe, however they can still try to collect.

    Now I guess the better question is how can the civil judgement be negotiated to be reduced? Is there a common proceedure? who would be the party to negotiate with, the court finance department, the D.A., or the victim?

    And then what would have to be given to the county to show the amount of the judgement has been reduced or satisfied?

    If I make an agreement with the victim to satisfy the judgement, do I get the D.A., or the court to sign off on it so i can get an abstract/order to show the court finance department, county recorders office and the DMV that it has been satisfied?

    yes they send notice to the dmv so they can track where you live and what you own so they can go after you for the judgement

    If it were a normal civil case I could go to civil court and have the parties agree to ask the court to lift the judgement. However I do not know if is the same in this instance because the judgement order came from the criminal court.

  4. #4
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    Default Re: Modifying a restitution order

    If this is a civil judgment, the D.A. has nothing to do with it, and the only person who can negotiate or agree to a reduction is the judgment creditor. Or are you saying that this is a civil order resulting from the criminal judgment? Consider having the judgment reviewed by a local lawyer, as it really isn't clear what is going on.

  5. #5
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    Aug 2006
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    Default Re: Modifying a restitution order

    Yes you are absolutely correct this is an civil order resulting from a criminal judgement.

    The civil order(judgement) is recorded at the county hall of records as a judgement with the county superior court as the plantiff.

    And this is where it is confusing. Now that my probaton has ended, I can go back and have the charges dismissed, however my concern is that the civil order(judgement) will still be recorded and show up as me owing money.

    I want to make absolutely sure that this "civil" part of my case will be taken care of as well as the criminal charges.

    Since this part of it is "civil" i'm having a difficult time finding any guidance. Would searching services such as lexis-nexis help me to find what i'm looking for or would that be a waste of time.

    You have been extremly patient and and I would like to thank you for taking the time to respond.

  6. #6
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    Default Re: Modifying a restitution order

    If this is an order of restitution under section 1202.4 of the California Penal Code, it appears fully enforceable as a civil judgment, and not subject to modification on the basis of any difficulty paying the award of restitution. I don't see anything which would allow you to avoid the civil aspects of the restitution order, merely because your criminal case is resolved.

  7. #7
    Join Date
    Aug 2006
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    Default Re: Modifying a restitution order

    Thank you, and I also believe i will not be able to avoid the civil aspects of this order even if my criminal case is resolved.

    And this is where i was seeking guidance, can this civil order be renegotiated, and who would renegotiate it?

  8. #8
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    Default Re: Modifying a restitution order

    If you can get the judgment creditor - your victim - to settle the restitution and agree to enter a satisfaction of judgment indicating that the matter is fully resolved, then by all means go for it.

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