If someone is to pay restitution joint and several is there a way a portion is sent to collections but not all?

Asked over 3 years ago - Willmar, MN

My friend and 2 others were charged with 3rd degree burglary. They are to pay 11,000 joint and several restitution. Two are paying and the other is still in and out of jail for drugs, alcohol, and mental illness so they say. Is there any way that it could be satisfied without some of it being paid?

Attorney answers (3)

  1. Mark Hankins

    Contributor Level 17

    Answered . In most J & S situations the creditor is free to negotiate a payoff with any of the debtors without affecting the ability to go after the remaining amount due from the nonpaying debtor. This situation is different because it involves the state, and there may be someone at the state's attorney's office (or some other office that oversees restitution) who needs to sign off on the deal (if the deal is even permissible).

    Keep in mind that the creditor is giving up something valuable if he or she does this. The creditor need only sit and wait until the ones who ARE paying satisfy the debt. The creditor wouldn't do this unless he or she wanted an immediate lump sum or if the legalities and practicalities somehow pushed in the direction of getting things over and done with.

    For instance, if you could be free to leave the state without finishing restitution, or if the creditor's remedies against you would somehow be limited and enforcement less than certain, you might be able to negotiate yourself a discount.

    I am a Florida-licensed attorney. Any answers I give which are not specific to Florida should be construed as... more
  2. Brian Thomas Canupp

    Contributor Level 11

    Answered . It appears that your payments are being made in accordance with a guilty plea in criminal court. In these cases the court controls the joint and several payments and will not change the terms of payment until all of the money ordered is paid to the victim. You may have the right to sue the non-paying defendant for his portion of the judgement that you paid in accordance with the court order. You need to consult a lawyer in order to determine exactly how this works in your state.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . No. Joint and several liability means the creditors an get the entire amount from only one party who was ordered to pay.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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