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  1. #1

    Default Re: Restitution After Probation

    Whats stopping me now is that my probation does not allow me to get in any further dept due to my restitution so i cannot touch my credit at all until I am out of probation. So that is why I asked, I dont own any property! I do have a bank account and a job, what they interfere whith any of that or as long as i make payments i should be fine? Ive heard that ur restitution actually goes up, is this true? Anyways, thanks for your help!

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Restitution After Probation

    Court ordered restitution is separate from any civil claim. If the victim sued you, they could get a civil judgment, which would negate the restitution I believe. They can't get both. I am sure having the state probation department play bill collector is much more effective then going the civil route. Usually you have to pay the full restitution BEFORE probation ends. I have no idea what your charge was, but unless it was related to credit in some way, I don't see how probation can control your civil credit facility or your banking relationships. I am not real familiar with the internal workings of Florida probation, but have not heard of the state getting a civil lien in a probation case for a third party. You don't have a house, so a lien against what? A civil judgment would have to come from the victim suing you and winning in a civil court. Unpaid restitution results in probation being extended or the court simply ordering the continuation of restitution payments through the probation office after probation ends. You can't then be revoked, but you could be held in contempt of court for not making the payments.

    I am a bit surprised you got only 3 years probation with that much restitution.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Restitution After Probation

    If in fact the terms of your probation restrict your ability to borrow money, ask your probation officer for permission to take out a loan to pay off the balance of your probation. It's going to be easiest for the victim and for the court if the restitution is paid off by the end of your term of probation.

  4. #4

    Default Re: Restitution After Probation

    Ok, i will look into that and see what i can do! Thanks for your help it is highly appreciated.

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