How long doIhave to dispute a debt for restitution?
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How long doIhave to dispute a debt for restitution?
I was charged and convicted of vehicle theft in 2006, and then 8 months later I received a letter in the mail saying that I owe $11,000 for some supposed wedding ring that was in the car. There was never anything about a wedding ring in the car when I went to court. I now have a letter in the mail saying that a debt collector is going to seize my assets if I don’t pay. Has it been too long the file a motion against this? How do I go about fighting this?
Asked on August 8, 2010 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
First, I am assuming that you are an adult and not convicted as a juvenile. It matters in the statute. Second, you are paying restitution to the victim, correct, and not the state? I believe that if you dispute the amount of the restitution you are entitled to a Restitution Dispute Hearing before the court that sentenced you. You have the obligation in the hearing to show that the victim's losses are incorrect, i.e., not the amount that you are charged with having to pay. There may be a 30 day time limit to schedule a hearing, which is done through the clerk of the court. But you have indicated that you have just gotten notice of the restitution. I would check with the attorney that represented you in this matter. Good luck.
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