What to do if I’m a victim in a federal case in which the defendant was sentenced and also ordered to pay restitution but has not paid?
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What to do if I’m a victim in a federal case in which the defendant was sentenced and also ordered to pay restitution but has not paid?
The defendent’s incarceration period has ended and now the defendent is out of prison working, but is not paying restitution. Likely the defendent is the type who will only do what he is forced to do. What can I do to have the defendent pay the restitution that he was ordered to pay? Must I bring a civil lawsuit? The crimes were committed 5-6 years ago. Is there a statute of limitations on bringing this suit? Finally, as a result of the crimes committed against me, I had to file bankruptcy. If I do file a civil suit, and restitution is paid to me, would that restitution money be forfieted to the bankrupcy trustee?
Asked on July 16, 2013 under Criminal Law, New York
Answers:
Robert Johnston / Law Office of Robert J. Johnston Attorney
Answered 11 years ago | Contributor
You should not need a civil suit. Contact either the victim's advocate, which you should have had one, or inquire with the prosecutioin. You can always hire a lawyer to handle it for you. If the restitution is a certain amount, a lot of lawyers will do it on a contingencey basis and just take a percentage of what they recover for you. That nice because it doesn't cost you any money up front and you won't have to deal with the headaches and frustrations of going through the unfamiliar process.
I've done this in the past for people with a fair amount of success. You are welcome to call or email.
Robert J. Johnston
843-946-0099
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