QUESTION
Can I get rid of a restitution order if I no longer owe the company?
Asked on Jun 25th, 2013 on Bankruptcy - Missouri
More details to this question:
I was order to pay restitution to a rental car company through probation and I added the company to my bankruptcy and it was discharged. Since I no longer owe the company can I go back to court and have the judge dismiss the restitution and stop collections from garnishing my wages?
3 ANSWERS
Richard hirsh
Although the debt to the company was discharged, a restitution order in a criminal proceeding would typically not be discharged and failure to pay could violate your probation.
Answered on Jun 27th, 2013 at 5:03 PM
It depends on the exact wording of the court order, but typically if you are on probation & fail to pay your restitution, the court can revoke your probation & send you back to prison. Bankruptcy doesn't affect the sentences of a criminal court.
Answered on Jun 26th, 2013 at 9:27 AM
Bankruptcy Attorney serving Florissant, MO
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Usually, a bankruptcy will not discharge a restitution amount. You need to talk to the attorney who handled your bankruptcy
Answered on Jun 25th, 2013 at 5:21 PM