Legal Question in Criminal Law in Wisconsin

restitution

i have been ordered to pay restitution to a company (which i have been doing) and i have found out that for the last 2-1/2 years my money has been kept in a trust fund with the state because no one will take the money. the company has gone out of business, they closed their doors and have not and will not file for bankruptcy. i filed for an restitution hearing and was granted it and the questions they are having is do i owe any more money? on my judgement of conviction it only states the company's name that i owe the money to, now after 2-1/2 years all of a sudden two creditors feel they should they get the money and i am trying to fight it. mainly because the company doesn't exist anymore and like i said my judgement says their name only, not anyone else's. i understand that if they would have filed bankruptcy i more than likely would have owed the creditors the money, but they did not file bankruptcy, they just closed their doors. wouldn't my debit be over at that point? i have a new hearing scheduled for february with the court commissor and would like to be prepared for it. is there a statute or something freeing me from this debit


Asked on 1/10/08, 8:27 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Restitution--Unclaimed Funds

There are complex rules relating to unclaimed funds which ultimately result in the money going to the state after the completion of certain notice procedures. However, if there is a significant amount at stake here, you should hire an attorney to try to get it back or get your order modified. Another way to reclaim it might be for you to file bankruptcy, since your bankruptcy trustee may have powers to recover it which you do not have, depending upon how recently the money was transferred.

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Answered on 1/10/08, 3:01 pm


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