Legal Question in Appeals and Writs in California

Re: restitution111

You can appeal any final court order, but it sounds as though you have waited beyond the normal 60 day period. That weakens your position, but you can still negoiate with the state since it is better to get one sure lump sum of money now then bits over the years in which they might have to hound you for payment. Yesterday's S.F. Chroncile had a long article on restitution that should give you some figures on what is actually collected.

You can take an amortization table and determine what the present fair market value of your debt is [i.e./, how much money needs to be invested today at what interest rate to yield the total amount of money you owe at the end of the payment period]. You should argue that their being able to collect more than 3-5 more years is unlikely and they should settle for that amount now. Give them a list of what assets you have, especially if you do not own a home or boat, stocks, so that they see what your ability to pay is. Also check the original restitution order to see what exactly it requires.