Is there a way to consolidate restitution fees from two separate cases?

Asked 9 months ago - Milpitas, CA

My fiance is currently incarcerated in a California state prison. He has two separate cases which involve restitution. He would like to merge them together if possible so that he can just make one payment as opposed to two. I am just wondering if this is possible and if there is a form that needs to be filled out to do so

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

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    Answered . Good question, but I think the answer is no because the restitution payments are made to the Superior Court for whatever county and then each county handles the money separately. I think the answer is no and I have never heard of restitution being consolidated. It also would be a headache for someone else, if receiving a consolidated payment, to then apportion out some sum to each county. Inevitably, they would bungle it.

  2. Brian K Wanerman

    Contributor Level 17

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    Answered . Mr. Hill is correct. This is a very good question. I have never encountered this issue in my practice. The purpose of restitution is to compensate the victim. So, if that is why your fiance wants to consolidate, the DA and the court should be amenable. However, Mr. Hill is also correct that administrative issues may trump good intentions. This is especially true if his cases are from separate courts.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more
  3. Peter John Marek

    Contributor Level 18

    Answered . Mr Hill and Mr, Wanermans answers answers are both correct, If the restitution is from separate county cases the burden to apportion payments between the victims would likely outweigh the need to write one check. The terms of probation on each case order restitution. Terms of probation are to pay restitution. If a government employee was lazy and didn't apportion but paid one victim only, they would have the ability to violate the terms of his probation by merely not paying one or the other victims proper restitution. I would never put that control in a government employees hands. Be safe and pay them separately. I know of no law that prevents consolidation but I would not do it for the reasons stated above. Good luck. Hope this helps?

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