QUESTION
Can the third person pay for the other two peoples restitution?
Asked on Mar 14th, 2013 on Criminal Law - Michigan
More details to this question:
Three people on a federal case are all ordered to pay restitution to the federal but only one of the defendants has had money taken from his taxes to cover the restitution. He is paying for the other two defendants besides himself. Can this be done and if not, what can be done to stop it?
7 ANSWERS
Michael J. Breczinski
Normally in multi-defendant cases each person owes up to the full amount but gets credit for whatever the others manage to pay. How they settle it otherwise is up to them.
Answered on Mar 19th, 2013 at 5:48 AM
2 Awards
Typically, restitution is ordered as joint and several. This means that all three of the defendants would be required to pay the restitution until it is paid in full.
Answered on Mar 19th, 2013 at 5:47 AM
John J. Carney
They have "sole and severable liability. They can collect from one, two, or three and the others have to sue for their share."
Answered on Mar 17th, 2013 at 9:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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It all about upon the judgment, and the order for restitution. If one of the parties pays the entire amount he can certainly undertake an action for contribution from the others.
Answered on Mar 15th, 2013 at 12:27 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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His option is to sue the other co-defendants for their share of the restitution civilly.
Answered on Mar 15th, 2013 at 11:04 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If they were co-defendants then they were probably jointly and severably liable meaning that each one is responsible for the entire amount. What he can do is sue the others in civil court for contribution. In other words, he can sue them to pay him their fair share of the restitution that he had to pay out.
Answered on Mar 15th, 2013 at 11:04 AM
William A. Siebert
He can go to small claims court and collect the amount in excess of one-third of the restitution from the the other two defendants.
Answered on Mar 15th, 2013 at 11:03 AM