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Is this fraud?

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ArielIrene

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


A young lady in Alabama was involved in a theft 3 years ago and plead guilty along with two accomplices. Restitution was set at $3,300.00, with each defendant responsible to pay for a third, $1,100.00. This covered court cost, victim's cost, and all other costs involved.

One party paid his final payment several months ago. Another party has paid hers in full.

The issue is with the third party. She has never missed a payment since Sept. 2009. She called the circuit clerk's office after her first two payments to verify they had her payments recorded. This was last year. She was told by someone in that office that no one knew any figures regarding her balance at that time, and to just keep sending the payments. This young lady received this same response every time she called for months. Then she began calling every week. Eventually, she could not even get anyone to answer the phone when she called.

This week, the girl's mother decided to make the call for her and ironically, someone in the clerk's office had information. The girl's mom was told that it didn't matter what she has paid, she still owes $1,600.00 and that most of that was for attorney's fees (public defender).

I have seen this young lady's receipts. She has paid $150.00 per mo. since Sept. 09. To date, that is $2,100.00. By the time she pays $1,600.00 more, she will have paid $3,700.00 on her one third share of a $3,300.00 total restitution.

Could this be simply a bookkeeping error or oversight? Something smells to me.

Please tell me if I am missing something. Thank you very much.
 


majomom1

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


A young lady in Alabama was involved in a theft 3 years ago and plead guilty along with two accomplices. Restitution was set at $3,300.00, with each defendant responsible to pay for a third, $1,100.00. This covered court cost, victim's cost, and all other costs involved.

One party paid his final payment several months ago. Another party has paid hers in full.

The issue is with the third party. She has never missed a payment since Sept. 2009. She called the circuit clerk's office after her first two payments to verify they had her payments recorded. This was last year. She was told by someone in that office that no one knew any figures regarding her balance at that time, and to just keep sending the payments. This young lady received this same response every time she called for months. Then she began calling every week. Eventually, she could not even get anyone to answer the phone when she called.

This week, the girl's mother decided to make the call for her and ironically, someone in the clerk's office had information. The girl's mom was told that it didn't matter what she has paid, she still owes $1,600.00 and that most of that was for attorney's fees (public defender).

I have seen this young lady's receipts. She has paid $150.00 per mo. since Sept. 09. To date, that is $2,100.00. By the time she pays $1,600.00 more, she will have paid $3,700.00 on her one third share of a $3,300.00 total restitution.

Could this be simply a bookkeeping error or oversight? Something smells to me.

Please tell me if I am missing something. Thank you very much.
No, it is not fraud. It sounds like a bookkeeping error to me.

The young lady needs to go to the clerks office, with the court papers showing that she was only responsible for a third and all of her receipts. The clerk should be able to figure out where the payments got posted and correct it.
 

ArielIrene

Junior Member
No, it is not fraud. It sounds like a bookkeeping error to me.

The young lady needs to go to the clerks office, with the court papers showing that she was only responsible for a third and all of her receipts. The clerk should be able to figure out where the payments got posted and correct it.
Thank you very much. We had already decided she needs to do that ASAP. I would be happy to find out all of this is the result of a clerical or bookkeeping error.

Thanks again.
 

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