Legal Question in Criminal Law in Colorado

I had a conviction with restitution in 1983. I spent 9 years total in prison and started paying my restitution when i was on parole 1991 i have been paying now for 20 years. my question is i missed two months payments and now the county court is garnishing my wage and taking state taxes even though they accepted more payments after i missed two. is this ethical? my co-defendant has not payed back any restitution nor has the county court tryed to get it.


Asked on 2/11/12, 9:45 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

Ethical and legal are frequently two different things. This is one of those cases.

First, I commend you for continuing to pay restitution on something so far in the past, court order or not. That takes some real effort and character.

However, as the state most likely turned the restitution into a judgment, they can collect it via any legal means.

As to your co-defendant, that's too bad. Given that restitution usually gets order as joint and several (meaning all are ordered to pay, but each gets held liable for the entire amount), if your co-defendant doesn't pay a dime, they can (and apparenlty have) go after you for the entire amount.

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Answered on 2/13/12, 5:54 am


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