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  1. #1
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    Aug 2014
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    Default How to Convert Restitution to a Judgment

    My question involves collection proceedings in the State of: Illinois

    I am victim of burglary. Criminal sentenced to incarceration and $20k restitution. Criminal served incarceration and moved out of state without paying restitution. Illinois statutes say that a court ordered restitution is automatically a civil judgement. Here is the problem: The plea bargain and subsequent court order names the State of Illinois as the Plaintiff so my name is not on the court ordered restitution. Therefore I can't get an attorney in Florida to take my case since I am not the named victim. What can I file pro se in Peoria County Circuit Court to get my name on the judgement and make it official so I can pursue this criminal in Florida? At the very lease make his financial future a nightmare. I have already attempted resolution with the State's Attorney and was told never call on this case again since it is out of their jurisdiction. This was told to me by Assistant SA now a Circuit Judge.

  2. #2
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    Default Re: How to Convert Restitution to a Judgment

    If no restitution was ordered to be paid to you, then you cannot enforce the restitution against the defendant. But why, if you were the burglary victim, would the restitution have been ordered paid to anybody but you?

    If the statute of limitations has not run, you can sue the defendant for your economic losses resulting from the burglary.

  3. #3
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    Aug 2014
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    Default Re: How to Convert Restitution to a Judgment

    Restitution was ordered by the judge. The judge is now retired. The Plaintiff on the court order is The State of Illinois. The victim is not mentioned in the court order. When contacting an out of state attorney to collect from the criminal it was brought to my attention that they could not represent me since I was not on the court order. What do I need to file with the court to officially name me as the victim and recipient of the court ordered restitution?

  4. #4
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    Default Re: How to Convert Restitution to a Judgment

    The caption on the order may be the standard caption for a criminal prosecution. I can't see the order, so I'm not in a position to analyze or explain it.

    Try speaking with the probation or parole office that was responsible for supervising the defendant before his release and discharge, as they may be able to clarify whether or not you were properly named as the beneficiary of the restitution.

  5. #5
    Join Date
    Aug 2014
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    9

    Default Re: How to Convert Restitution to a Judgment

    I have a copy of the parole transfer documents because I contacted Florida parole since their statutes say that restitution repayment is a condition of parole. They could not help because Illinois parole board did not include the restitution in the parole conditions. The parole officer will not speak with me claiming privacy rights. I can't get past the 800 number receptionist. Are you in Illinois and familiar with court documents? Since I was successful in getting some small payments on the restitution while he was on work release, that was like pulling teeth, I know they have me somewhere listed as victim. What rights do I have to access court documents?

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