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  1. #1

    Default Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    My question involves criminal law for the state of: Louisiana

    I'm from Louisiana and was put on 2 years of probation in December of 2012 and then had a court ordered restitution hearing. On March 19 it was settled that I had to pay $13,600 within my 2 years of probation. I thought, "Cool, I can do that" So I've been working and sent in my first payment last month and then my probation officer sends me a copy of a judgement signed that said I have 180 DAYS to pay this restitution. So I called her today because I didn't know about this and neither did she until maybe a week or so ago. She checked the restitution hearing's minutes and said that it didn't say anything about 180 days to pay the restitution.

    So what should I do since obviously I was never told about this Judgement nor the 180 days!?. All this time I was told I had the period of my probation to pay all this money! Is it possible to appeal the judgement, do something to extend it to the full amount of time of my probation, or anything!?

  2. #2
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    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    Quote Quoting CrossBones3129
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    On March 19 it was settled that I had to pay $13,600 within my 2 years of probation.
    You are still referring to the "court ordered restitution hearing"? This occurred on the record in open court? Have you ordered a transcript?
    Quote Quoting CrossBones3129
    So I've been working and sent in my first payment last month and then my probation officer sends me a copy of a judgement signed that said I have 180 DAYS to pay this restitution. So I called her today because I didn't know about this and neither did she until maybe a week or so ago. She checked the restitution hearing's minutes and said that it didn't say anything about 180 days to pay the restitution.
    You are referring to a court order entered by the criminal court following the aforementioned hearing?
    Quote Quoting CrossBones3129
    So what should I do since obviously I was never told about this Judgement nor the 180 days!?
    If in fact the court agreed on the record to two years, you can establish that from the transcript.

    Have you discussed your difficulty paying your restitution within 180 days with your probation officer? Was your income and ability to repay raised as an issue at the hearing? Were you represented by a lawyer at the hearing and, if so, what does your lawyer suggest?

  3. #3

    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    Quote Quoting Mr. Knowitall
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    You are still referring to the "court ordered restitution hearing"? This occurred on the record in open court? Have you ordered a transcript?
    Yes, and I called my probation officer who look at the minutes of that restitution hearing, which I assume the minutes are also the transcript, and she said nowhere in there does it mention 180 days to pay the restitution but it does say 2 years.

    Quote Quoting Mr. Knowitall
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    You are referring to a court order entered by the criminal court following the aforementioned hearing?
    Yes it was a court ordered restitution following my crimal court sentencing, which was 2 yrs of probation.

    Quote Quoting Mr. Knowitall
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    If in fact the court agreed on the record to two years, you can establish that from the transcript.
    Like I stated above, the minutes never mentioned 180 days. This judgement was signed on April 5. Almost a month after the restitution hearing.

    Quote Quoting Mr. Knowitall
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    Have you discussed your difficulty paying your restitution within 180 days with your probation officer? Was your income and ability to repay raised as an issue at the hearing? Were you represented by a lawyer at the hearing and, if so, what does your lawyer suggest?
    That's the problem, my court appointed lawyer is almost impossible to get a hold to. She never answers her phone, never returns messages, and is never at her office. The job I just started working at, I estimate will give me $600-800 a month. So yes, paying $13,000 within 6 months is impossible. At the time of the hearing I was represented by my same court appointed attorney for the criminal sentencing and I was also unemployed and they knew that, but they didn't even ask if I was working.

    I remember them saying that if I don't pay the money it can be enforced civily or criminaly. My probation officer also said that it looks like the restitution was converted to a civil judgement. She told me to maybe go see a bankruptcy lawyer to see if I can file for bankruptcy. I have no problem with paying the money within 2 years, but 6 months is impossible!

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    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    Minutes are notes. Minutes are not a transcript, a verbatim transcription of everything that was said in court. If you want to know what was said on the record, you need to be looking at the transcript.

  5. #5

    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    Quote Quoting Mr. Knowitall
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    Minutes are notes. Minutes are not a transcript, a verbatim transcription of everything that was said in court. If you want to know what was said on the record, you need to be looking at the transcript.
    How do I go about getting a transcript?

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    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    You ask the court reporter how much it will cost to prepare a transcript and, if you decide you want it, buy it from the court reporter.

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    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    You told us,
    Quote Quoting CrossBones3129
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    On March 19 it was settled that I had to pay $13,600 within my 2 years of probation.
    If in fact that did not happen, and the court found only that you owed the $13,600, and when entering its order consistent with that finding the court found that you were capable of paying your restitution within six months, then you would presumably want to petition the court to give you more time to pay based upon your actual means and ability to repay.

    We're entering the dangerous world of guessing. I suggest you work with your lawyer to figure out exactly what happened, and plan your next step accordingly.

  8. #8

    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    Quote Quoting Mr. Knowitall
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    You told us,

    If in fact that did not happen, and the court found only that you owed the $13,600, and when entering its order consistent with that finding the court found that you were capable of paying your restitution within six months, then you would presumably want to petition the court to give you more time to pay based upon your actual means and ability to repay.

    We're entering the dangerous world of guessing. I suggest you work with your lawyer to figure out exactly what happened, and plan your next step accordingly.
    Ok thanks for the help! I'll post here if I need for help, if you'd be willing to help more that is!

  9. #9

    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    So I found out that my lawyer said that in court it was never said about the the 180 days but he did in fact add that later. She also said that she had never received the signed judgement but a paper that was unsigned and didn't say how many days, but he has a right to have this judgement. She then said that it would be very unlikely for him to extend it because he was very stern on this decision, because in court she wanted to ask him something about the restitution that technically shouldn't have been paid but he didn't care. He wanted me to pay everything.

    So now that I have to pay this money in 180 days, what is the next step? Since this is a civil judgement, would it be safe to say that I can file for bankruptcy and clear it?

  10. #10
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    Default Re: Restitution Was to Be Paid in 2 Years, Now 180 Days Because of Judgment

    You just told us that it's part of your criminal sentence. Also, debts arising from intentional misconduct are generally not dischargeable in bankruptcy. Do feel free to discuss the specifics with a bankruptcy lawyer.

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