Legal Question in Credit and Debt Law in Michigan
I was a victim of a fraud crime in 2006. The defendant was sentenced in October 2007, and I was awarded full restitution of approximately $52,000. I helped another victim who was also awarded restitution at the same time of $45,000. The defendant served his time in jail and is on probation for five years.
The other victim and I are both receiving approximately $200/month, which is garnised from the defendant's wages and paid through the county clerk. At this rate it will take another 19 years to recover the full restitution.
Should I be taking action now during the probation period to try and accelerate the payments, or is what the court decided for payment typically what is deemed appropriate for the probation term?
Should I be prepared to take civil action once the probation period expires to ensure the payments continue?
I understand the defendant did declare personal bankruptcy around the same time to shield himself from his civil creditors. As a former police officer, I was able to investigate his actions, which ultimately resulted in the criminal convictions and my restitution.
I have so far received only about $4,200.
Thanks for your assistance.
1 Answer from Attorneys
I have a case like this right now with the same facts. We filed a civil suit and received a default judgment. Restitution is an offset to what you can get in civil courts and you cannot discharge a criminal act in Bankruptcy court. Contact me at www.kliszlaw.com to discuss in detail. Tim Klisz