Legal Question in Criminal Law in Michigan
Restitution payment
I was involved in an incident where I was assulted and my vehicle was damaged. The defendant was ordered to pay restitution but the local P.A. will not send me a check for the damages of my vehicle
2 Answers from Attorneys
Re: Restitution payment
Your attorney should be able to determine whether the defendant actually made the restitution.
Re: Restitution payment
Even though the court ordered the defendant to pay restitution, the court still has to collect it. And it is the court -- not the prosecutor -- who sends checks to the victim with restitution money. But only after the defendant has paid money into the court.
In most cases, whatever money the defendant pays to the court is split 50/50 between restitution that's owed and court costs and other assessments that are owed. Also, courts tends to send checks out monthly, and possibly after they have accumulated a threshold amount of monthe (e.g., $25, $50, $100), rather than cutting your a $2 check.
You should talk to the court's probation and clerk offices to see what the payment status is.
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