If a defendant was ordered to pay restitution in 2002, and the victim has since passed away, can the victim's airs seek interest? In the plea agreement it stated XXXX amount plus interest, however it did not state an amount nor did it state a percentage.
Thank you in advance
Please put some effort into your answers. So far the answers are very common sense. Please answer as if you have a Law degree. For example, what does statute say? when was statute amended? I was ordered to pay restitution and the victim has passed. Interest was never added and now I am wondering if the victim's airs can ask the court to collect interest for the past 10 years. This is hundreds of thousands of dollars, no just $100 bucks. If you answers looks like you tried or opened up a book id be glad to retain your counsel.
Yes. Interest accumulates on restitution. It is set by Colorado Revised Statute. It has differed at varying times. It has been 12%, 10% and 8% at varying times. So, the amount that was set by statute for that time period would apply for that time period. Understand that the legislature, not the Court (I used to be a judge - so I think that I meet your criteria of being a CO licensed attorney), sets the restitution interest amount and can change it on a yearly basis if they want to do so. That is why your plea agreement does not state a certain interest amount or percentage- because it can not override the statute. The legislature also can set varying interest rates for restitution versus other costs, fees, and surcharges. NONE of it is set by the judge or the court clerks. I hope that answers your question. And, yes the heirs of the estate are able to go after restitution in the same way that they could go after any judgment (which is what restitution is) in the decedent's favor.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Personal Injury Lawyer
You should direct your questions to the restitution department.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Criminal Defense Attorney
You may still owe restitution in this case to restore the family's original position. You should consult the court in your original case to find out about the interest rate in your case. You should also continue to pay until you are sure the order has been lifted, because failure to pay could result in serious consequences.
These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal questions you should always seek the counsel of an experienced attorney.
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