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Not Fair - paid more then our share of a joint and several order

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msbghl

Junior Member
What is the name of your state (only U.S. law)? ca

8 years ago, My husband along with two others were ordered to pay a large amount restitution (joint and several California) in a criminal case with a 10% interest. The other two parties are deadbeats and have never made a payment. One has been in & out of jail and the other has never had a job. 5 years ago My husband completed his probation but still has to make monthly payments towards the restitution. Is there anything we can do to end this? I put together a spread sheet showing each and every payment he has made along with the garnishments made and He's paid more then half of the restitution. Please tell me there's Is a way to end this.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? ca

8 years ago, My husband along with two others were ordered to pay a large amount restitution (joint and several California) in a criminal case with a 10% interest. The other two parties are deadbeats and have never made a payment. One has been in & out of jail and the other has never had a job. 5 years ago My husband completed his probation but still has to make monthly payments towards the restitution. Is there anything we can do to end this? I put together a spread sheet showing each and every payment he has made along with the garnishments made and He's paid more then half of the restitution. Please tell me there's Is a way to end this.
He is 100% responsible quite frankly for the entire judgment. That is the price of doing the crime. Why should his victims pay for it? The only way he ends it is to pay it off completely. He can then sue the other two for what he considers their portion but the problem is collecting. If he didn't want to pay it back completely -- well if he can't do the time, he shouldn't have committed the crime. He gets to pay it all. He is lucky they didn't extend his probation until it was completely paid.
 
What is the name of your state (only U.S. law)? ca
8 years ago, My husband along with two others were ordered to pay a large amount restitution (joint and several California) in a criminal case with a 10% interest. The other two parties are deadbeats and have never made a payment. One has been in & out of jail and the other has never had a job. 5 years ago My husband completed his probation but still has to make monthly payments towards the restitution. Is there anything we can do to end this? I put together a spread sheet showing each and every payment he has made along with the garnishments made and He's paid more then half of the restitution. Please tell me there's Is a way to end this.
Unfortunately, that's what jointly and severally liable means. Each party is separately liable for the full amount (of course no more than the full amount can be collected). Your husband has 3 choices. Pay the full amount owed himself, become a deadbeat like the other defendants and don't pay anything, or rat out the other defendants to the plaintiff. For instance, if your husband knows that one of the other defendants has assets (like a car or boat that he owns), then your husband could tell the plaintiff in the hopes that the plaintiff would collect that asset to help pay down the judgment owed. Unfortunately, that last option doesn't sound very likely for multiple reasons.
 

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