Can I get restitution back from an individual if I overpaid?
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Can I get restitution back from an individual if I overpaid?
Your Questionedit text
I smashed someones grill at his house at a
party and he called the police and the police
pressed charges and the person filed for 400
in restitution. He told me the next day that if I
payed him for what I broke he would drop the
charges. I payed him 1600 not knowing he only
filed for 400. This is all documented with
witnesses. I then got charged a minor fine by
the police but was asked to pay the victim 400
for restitution. I cleared it with the judge and
officer as he knew I payed it already. But can I
go back after the victim for the 1200 extra that
he claimed he needed for restitution?
Asked on October 29, 2019 under Criminal Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you can't get that money back IF he asked for the charges to be dropped and/or did not file the charges. In this case, you agreed to pay him $1,600. You did not have to: you could have refused to pay, offered a lower amount, asked to see the invoice, etc. for the grill before paying, etc. But since you voluntarily chose or agreed to pay $1,600, you are held to that--if he honored his side of the agreement.
However, if he breached his agreement--that is, if he caused charges to be filed against you and then did not try or ask to drop them--then you could sue him for the money, or at least for the surplus, based on his "breach of contract," or violation of his agreement.
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