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Hi i live in mass and am falling mehind on restitution this is also due to a error in the courts comp what can happen

Walpole, MA |

Im 17 in mass and have to go back to court due to falling behind on restitution which is also the courts fault due to a flaw in their computer system so for four months i was paying way less then i should of been. I have to go back before the judge and i am nervous of getting incarcerated i have 3 months until my time to pay my full restitution is up. i still owe 2500 dollars. I have been making an honest effort at paying as much as i can though what is likely to happen. I have done very good on my restituion but did get brought into court in the first few months for not paying anything but they gave me another chance and now i am falling behind what will happen to me im really scared of getting incarcerated

Attorney Answers 3


  1. I would recommend that you ask the court to lower your restitution amount, and allow you to extend the time to pay your restitution at your next court date. Judges are generally lenient in extending the time if you provide them with a good reason for why you need more time to pay. Bring a pay stub, if you have a job, and come up with a payment plan for how you are going to complete your restitution. Best of luck.


  2. If payment of restitution is a condition of your probation, then non-payment could be found to constitute a violation of your probation. Therefore, you need to make repayment a priority if it isn't already.

    If you've been making an honest effort, that's good. Nevertheless, you should be prepared to demonstrate or explain that honest effort. Be prepared to explain how you will finish paying it off within the time allotted. Be prepare to explain your efforts. Whether and what you say is up to you. But it is not uncommon for a judge to ask a few questions. Also, it might help if your probation officer agreed with your self-assessment that you've been making honest efforts.

    You're not required to have an attorney, but having an attorney represent you could prove helpful.

    Good luck.


  3. Speak with your probation officer. You may have to go in front of a judge to alter the terms of your probation.

    Let me know if I can help.

    Hope this helps and good luck,

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116

    617-515-5545
    www.KavajaLaw.com

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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