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  1. #1
    Join Date
    Mar 2013
    Location
    dunnellon, florida
    Posts
    5

    Default Changing an Order of Restitution to a Civil Lien

    My question involves an injury that occurred in the state of: florida

    not sure if i'm posting in the right place but here goes, Sept 2007 i was hit head on by a drunk driver, he served time in prison & is currently on parole, he just went to court to try and get the order of restitution changed over to a civil lien.
    now from what i can find out a civil lien in florida is only good for a max of 10 years, he still owes me $180,000.00 for my medical, no lawyer would help sue him for pain/suffering & leaving me disabled so i lost out on that, he has been making monthly payments between $40 - 50/month i know it's a laugh

    how can he request to change to a civil lien as he own's NOTHING not even a car that could be used to put a lien against..............what can i do to ensure that 1. the payments still are being made
    2. force him to prove his income..........i know he's lying and paying so little due to his lies. so therefore i can get a higher amount out of him. at $40 a month it will take him 375 years to pay it off.

    any and all advice would be greatly appreciated. i don't have the funds to get a lawyer so basically i would be doing everything on my own, & well i need help

    thanks in advance to all those that help me

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing an Order of Restitution to a Civil Lien

    Pursuant to Florida Statutes, Sec. 775.089, the judge may convert the unpaid portion of the defendant's restitution to a civil judgment at the end of his probation. You can try talking to the probation office to see if they will be asking for that remedy, or if the court at issue routinely issues civil judgments for unpaid restitution.

    You can't get blood from a stone. If he has no income or assets, unfortunately you're not going to get money from him. With a civil judgment, you can hold a creditor's exam and question him under oath about income and assets.

  3. #3
    Join Date
    Mar 2013
    Location
    dunnellon, florida
    Posts
    5

    Default Re: Changing an Order of Restitution to a Civil Lien

    Thank you Mr. Knowitall, i've actually just submitted a letter to the court where i do use lots of florida statues including the one you mentioned to me. Turns out the maggot hired an attorney to end his parole 2 1/2 months early. i think they are up to something sneaky, i'll find out on april 10th when we all go to court.
    hey question for you..............i just started a web page for victims of drunk drivers. am i allowed to post his name or shall i keep calling him maggot. i think i should be able to for two reasons, one he's the guy and he pled guilty, two florida is a freedom of information state. hmmmmm what do you think?

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