304)  What can I do if I don’t get my Restitution Money? #HaberPA Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking me “What can I do if I don’t get my Restitution Money?”

Criminal Orders of Restitution effectively become civil judgments; in fact FS 775.089(5) makes them enforceable just like any civil judgment, and FS 775.089(10)(a) says that a default in payment of restitution can be collected by “any means authorized by law” for enforcement of a judgment.

So, for example, you could go to civil court and try to get an order garnishing assets like wages, bank or stock accounts or registered debts owed to the person who owes you restitution, or you could also try to levy and get a lien on their real or personal property; further FS 775.089(12)(a) authorizes issuance of income deduction orders and FS 775.089(10)(b) says that criminal restitution orders can’t be discharged in bankruptcy.  But all of this assumes that the person who owes you restitution has something of value.

In a perfect would your Defendant would have a job, property, assets, things of value for you to attach and collect, but I probably don’t need to tell you that the world is far from perfect, the vast majority of Defendant’s simply don’t have the means or the ability to ever make their victims whole, and so in many cases the victim will never collect.

For those who qualify there is one other possible avenue and that is the Florida Bureau of Victim Compensation, you can find that on the FL Office of Attorney General’s website at www.myfloridalegal.com.

Unfortunately this won’t help victim’s of property crimes - to qualify here a victim has to suffer death or personal physical injury due to a crime and there are strict time deadlines for applying.  If you qualify then there are plenty of lawyers who can help with this arduous process.
 
Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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