I owe restitution to my father from a burglary some 2 years back while I was not in my right frame of mind. My father does not want the money and will not accept it. What does he and/or I have to do to make my PO and/or the court aware of his decision. My previous lawyer was a family friend who has moved out of state and I cannot afford a new attorney; what are our options?
1. Write him a check for the full amount, with the memo: payment in full for restitution order #xxx.
Let him cash it, and give you the money back.
2. Or borrow the money from your dad, buy a certified check and give it to him.
3. Or . . . have him write a receipt "for value received in cash, services, and intangibles, I hereby declare that the restitution owed me by my son is paid in full." Or something that the court will accept in your state.
4. Or are you required to pay the restitution to the court to give to him? If so, see #2 above substituting "court" for "him".
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
Have your father write a letter to your probation officer that he’s satisfied to date and considers the restution paid in full and to advise the court accordingly that he does not wish any further payment and will not accept anymore funds from you
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