Restitution not settled after 13 years?

[Amerikanzero]

What is the name of your state (only U.S. law)? Wyoming

I was involved in an automobile accident in which my friend was killed. I was charged with involuntary manslaughter and to pay a restitution of approx. $30,000 to cover the expenses that his family incurred. They did not sue nor did they ask for any recourse citing the fact that we were friends and they believed it was an accident. My insurance covered the total cost of all expenses (which was the total for the restitution) and therefore the restitution from what I was told. I consulted with an attorney and we wrote a letter which included proof of payment to the family and submitted it to my probation officer and to the DA in Wyoming where I was sentenced. This was back in 1998. It's a bit foggy but from what I recall they stated that it was paid in full and that I did not owe the restitution since it was paid by my insurance. I never heard anything else and my PO never asked for any money to be submitted. I recently received a letter from the financial litigation unit District of Wyoming stating that I still owe the entire balance and that they will seek necessary remedies to collect said balance. I am confused. Any thoughts on what happened and what course of action I need to take? Any help would be appreciated.

 

[davew128]

What happened when you called your attorney and the PO at the court in that order?

 

[xylene]

The State of Wyoming believes your restitution is unpaid and your sentence incomplete.

You need to contact a lawyer to assist you in resolving this serious matter.

The state is not interested in any foggy recollections. You need to work with your lawyer in clearing this up with proof that your actions & insurance fulfilled the restitution.

 

[Amerikanzero]

What happened when you called your attorney and the PO at the court in that order?

I am not sure what you mean? I presented the letter to my PO and sent one to the court. My PO told me that it was satisfactory and I never heard anything about it until now. My probation was for 3 years and not one did she ever say anything to me.

 

[Amerikanzero]

The State of Wyoming believes your restitution is unpaid and your sentence incomplete.

You need to contact a lawyer to assist you in resolving this serious matter.

The state is not interested in any foggy recollections. You need to work with your lawyer in clearing this up with proof that your actions & insurance fulfilled the restitution.

It has been a long time and I have since lost my attorneys info when my house was robbed and documents were rifled through and destroyed. I can't even remember who I was insured with back then. I was only 23 when this all happened. From what I recall The amount of my restitution to be payed to the victims family was the same exact amount that my insurance payed them. It was for hospital and burial services. I sent a copy of the letter ( with insurance info) to the courts and gave one to my PO.

I found this while doing some of my own research, it's lengthy, but please read until the end (f) in italics:

2010 Wyoming Code
Title 7 - Criminal Procedure
Chapter 9 - Victim Restitution
7-9-103. Determination of amount owed; execution.

(a) As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim.

(b) In every case in which a claim for restitution is submitted, the court shall fix a reasonable amount as restitution owed to each victim for actual pecuniary damage resulting from the defendant's criminal activity, and shall include its determination of the pecuniary damage as a special finding in the judgment of conviction or in the order placing the defendant on probation under W.S. 7-13-301. In determining the amount of restitution, the court shall consider and include as a special finding, each victim's reasonably foreseeable actual pecuniary damage that will result in the future as a result of the defendant's criminal activity. A long-term physical health care restitution order shall be entered as provided in W.S. 7-9-113 through 7-9-115.

(c) The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.

(d) Any order for restitution under this chapter constitutes a judgment by operation of law on the date it is entered. To satisfy the judgment, the clerk, upon request of the victim or the district attorney, may issue execution in the same manner as in a civil action.

(e) The court's determination of the amount of restitution owed under this section is not admissible as evidence in any civil action.

(f) The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.

 

[justalayman]

(f) The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.

then provide them proof of payment and you should be good to go.

 

[Amerikanzero]

then provide them proof of payment and you should be good to go.

So this sounds correct then? If my insurance payed the amount of my restitution then I should be ok? This is pretty much what my attorney told me way back then. Forgive my naivety, all of the Legal Jargon can be a bit confusing sometimes. I wonder why all of the sudden they came after me?

 

[Isis1]

So this sounds correct then? If my insurance payed the amount of my restitution then I should be ok? This is pretty much what my attorney told me way back then. Forgive my naivety, all of the Legal Jargon can be a bit confusing sometimes. I wonder why all of the sudden they came after me?

Sometimes clerical errors happen. Sometime converting to a new computer program gets muddled with certain code that are not readable to a new program. Showing your proof, usually clear that up quick.

 

[justalayman]

personally, I do not agree with the law. I believe requirement a person to make restitution from their own pocket is simply part of the penalty one pays when things when breaking the law. You gain nothing by having others pay your debts.

but, it would appear if the insurance company did pay, you should not have to.

so, obtain proof the restitution demand was paid and you should be ok.

 

[Amerikanzero]

personally, I do not agree with the law. I believe requirement a person to make restitution from their own pocket is simply part of the penalty one pays when things when breaking the law. You gain nothing by having others pay your debts.

but, it would appear if the insurance company did pay, you should not have to.

so, obtain proof the restitution demand was paid and you should be ok.

Thank You. I appreciate your feelings towards the matter. Believe me, I have suffered plenty. The death of my friend still pains me to this day and I have paid and paid again. Money from my pocket will not bring him back nor will it cure any feelings of loss or remorse. No one paid my debt, my sins are my own. I was also a dumb kid when this happened and I have grown much since then. I am not trying to shirk my responsibilities, I am just trying to understand what is right by the law thats all.

 

[xylene]

I believe requirement a person to make restitution from their own pocket is simply part of the penalty one pays when things when breaking the law. You gain nothing by having others pay your debts.

Who pays your insurance bill?

 

[Amerikanzero]

Who pays your insurance bill?

Ha! No kidding!

 

[justalayman]

My mom

Just kidding.


The cost of insurance pales in comparison to what the insurance pays for you. I know, that is what insurance for but it does remove the lesson a person learns by actually suffering to pay the actual costs of their actions.

Not that it is always necessary but there are times it is truly an appropriate requirement.

 

[xylene]

The cost of insurance pales in comparison to what the insurance pays for you. I know, that is what insurance for but it does remove the lesson a person learns by actually suffering to pay the actual costs of their actions.

Not that it is always necessary but there are times it is truly an appropriate requirement.

So what you are really saying is that a wealthy person who self insures is more morally and ethically virtuous than vs a poor or middle class person who must buy an insurance contract.

 

[davew128]

So what you are really saying is that a wealthy person who self insures is more morally and ethically virtuous than vs a poor or middle class person who must buy an insurance contract.

I didn't come away from the post thinking that at all.