Restitution due and request additional damages?

Asked about 1 year ago - Syracuse, NY

Victim of scam. Criminal in jail and ordered to pay restitution in the amount only of promissory notes (no interest), also wrote bad checks (which I read can be liable for up to 3x check amount), posted bail once and also stuck with $150 "fee". Pain and suffering (mental). Any recourse in increasing amount due? And how to garnish once he gets out?

Attorney answers (1)

  1. Kris K. Skaar

    Contributor Level 14

    Answered . Unless this is a very unusual criminal, he will not be able to make any restitution payments while he is in jail. (We have a saying that "someone that steals for a living probably does not have a savings ethic.") Hopefully, the restitution order will be enforced by a probation officer once he is out of jail.

    There maybe exceptions, but as a rule, restitution enforced by probation may be the only cost effective way to get any money. You can pursue separate civil remedies against this guy; however, you may wind up expending significant resources for a low probability of any additional recovery.

    I suggest that you consult with a local attorney to assess the prospects of seeking separate civil remedies against this criminal.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The... more

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