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HOW TO NOT PAY COURT ORDERED DEBT COLLECTIONS FOR CA PROBATION FEES

Huntington Beach, CA |

My 3 year felony in orange county expired i owe 4,000 probation fees and now i just got a letter " Demand For Payment-- Court Ordered Debt Collection " i have no job, no money and no home so what are they going to do track me down and take the shirt off my back ! how can i dismiss this debt or is it just a matter of time then it's dismissed can they keep you from getting ca driving lic or etc ?

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Attorney answers 2

Posted

This is the same as any other civil judgment. They can attach wages if you eventually get them, tax returns, etc. The judgement is good for ten years in California. However, in California judgments can be renewed every ten years so it can last in perpetuity if it is renewed.

The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.

Posted

So long as you own less than the value and type of assets, you will be judgement proof even though you will have to argue about it. By the time you get back to a level of your exemptions, you might be ready to pay this off. $4000 is not much.

Further, reading from Kelly v. Robinson:

"Section 523(a)(7) preserves from discharge in Chapter 7 any condition a state criminal court imposes as part of a criminal sentence. Thus, restitution obligations, imposed as conditions of probation in state criminal proceedings, are not dischargeable. Pp. 43-53. "

Even if the fees were not related to restitution, they are not normally dischargeable in bankruptcy.

You may want to work out a long term plan to pay this $4000 amount off.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.