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Restitution due and request additional damages?

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?

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Attorney answers 1


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.

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