Legal Question in Criminal Law in California

Restitution and probation

Hello, I have $28,000 of restitution to pay back and 3 years probation. Someone told me that after my 3 years, its up to the company that I owe to sue me for the remainding ammount.

Is this how it works? And what happens if I dont have the money, and can only make small monthly payments.

Also what happens if I declare bankruptcy either during or right after my probation but before they sue me?

Thanks so much for the help.


Asked on 10/28/06, 12:04 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Restitution and probation

Sorry. Your duty to pay restitution and the length of your probation have nothing to do with one another. The restitution order will not expire when your probation is up; in fact, it will never expire. To the best of my knowledge, restitution orders are not dischargeable in bankruptcy.

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Answered on 10/28/06, 12:17 am
Terry A. Nelson Nelson & Lawless

Re: Restitution and probation

That payment is a court order. Non-payment would be a violation of probation, which could land you back in jail. It is also NOT dischargeable in BK.

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Answered on 10/29/06, 6:14 pm


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