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  1. #1

    Default Can Unpaid Restitution be Turned Into a Civil Judgment Against the Victim's Wishes

    My question involves criminal law for the state of: Wisconsin

    Prior to my release from probation my PO received a letter from the insurance company I had been paying restitution to. They specifically stated they did NOT wish to pursue a civil judgement as were ceasing all collection activities for the restitution. The restitution amount is over $500,000 and as my income is from social security it is impossible to ever pay this amount, in addition to tax liens from both the IRS and State Dept of Revenue.

    However, I have recently found out that a civil judgement was indeed entered. I sent an email to the Dept of Corrections and they stated that this is in my file and to reach out to the judge who signed the judgement. He also stated he would provide documentation if they requested it. The judgement was signed by the Clerk of Courts not a judge. It has been two years since this was ordered however I again was under the impression this would never come up as I thought they waived their right to a civil judgement and it was only after doing a title search on our property that I discoved this judgement.

    1) How can the State go against the insurance companies wishes after I am no longer on probation?
    2) How would I possible start to remedy this?
    3) Doesn't their letter, which is very clear about the issue, represent a waiver of a civil judgement?

    Any help would be greatly appreciated.

  2. #2
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    Default Re: Can Unpaid Restitution be Turned Into a Civil Judgment Against the Victim's Wishe

    Quote Quoting Wisconsin Statutes, Sec. 973.20(1r)
    (1r) ... After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.....
    Whatever formality was followed by the court, the enforceability of unpaid restitution as a civil judgment is automatic under that provision.

    If the victim chooses, the victim may file a satisfaction of judgment to discharge any remaining balance.

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