Legal Question in Wills and Trusts in California
I was found guility in a criminal court of grand theft and ordered to pay restituion to my former employer and he also sued in civil court and won the judgement as I was in prison. My first question is do I have pay restituion for both criminal and civil courts? My second question is can this judgement attach a trust fund sent up by my parents in their living trust?
1 Answer from Attorneys
Your former employer can not collect more than what his damages were; presumably he included all of hios damages in the civil suit, but if it was Small Claims Court he had to limit it to $7,500 so he might be entitled to some of the criminal restitution. If the judge added a punishment of some type for your not paying, you will obviously be paying that judgment off first. If you were in prison his obtaining a judgment might not be valid as you were unable to appear to defend the suit. But without knowing all the facts I can not comment futher. contact him and see what he plans on doing; does he insist you pay both judgments of just the parts that do not overlap?
Since the trust fund is not in yuor name, I doubt the judgment can attach to it. Moreover, how is he going to know about the trust?
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