Legal Question in Criminal Law in Nevada

judgement and restitution

I was convicted of embezzlement and part of my plea bargain to obtain probation was a $25,000 restitution agreement. 3 months later, because I could not come up with a $15,000 ''balloon'' payment on this ageement (I was supposed to get a 2nd mortgage on my home and was unable to do so), my probation was revoked and I did 16 months in prison, then was granted parole. While on parole for 2 years, I managed to pay approx. $11,000 in restitution. Now, I am trying to sell my home along with my husband, and there is a judgement filed in the court where I was convicted on the day I was granted parole against me for the full amount of $25,000, which comes up on the county recorder's website and it looks like a lien on our property. I have obtained a copy and it is a judgement against me alone. Should I do a Quit claim on our house? I am currently also trying to get credit for the money I DID pay, but P and P is not too helpful.Also, the victim took this as a tax loss write-off and also made a claim on their business insurance, which they got money for when I pled guilty to obtain the original plea bargain. Can they ''triple dip'' like this? And if the judgement is active, why haven't they come and garnished me at work? Thanks in advance!


Asked on 8/10/04, 11:48 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: judgement and restitution

Real estate judgment liens are an effective way of satisfying court judgments in full, with little effort, which may explain why your wages have not been garnished. Wage garnishments often lead to consumer bankruptcies, adding another layer of court proceedings to an already difficult situation. Check the terms of your current parole to see if nonpayment is a ground for another revocation -- it likely is. The victim and the insurer may or may not have a contract which requires subrogation regarding this judgment recovery. One way or another, the money is owed, and you will pay (if ever) only once. Your title company can solicit a written payoff demand on the judgment; if you disagree with the sums claimed due, you can ask a court to review the claim while the amounts in dispute remain in escrow or held in court.

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Answered on 8/11/04, 2:02 am


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