How and when do I get my money?

[estefano]

Arkansas

Hello,

The man who stole my motorcycle went to court the other day. I got my motorcycle back, but because he did some damage to it I went to court when he had his appearance. I told the judge the amount of damage my bike had sustained and the judge asked the guy who stole it if he would claim responsibility for those damages, which he did.
So the court took my information and said that i am dismissed.
A friend of mine told me that I might never see the money and that only because he has been ordered to pay, that don't mean he actually will. So what am I gonna do now, just wait to hear from the court? do I have to take any further actions??

I appreciate anyone who can help me me. thank you!

 

[Zigner]

Part of his sentence will be a requirement that he pay. He won't be "done" with things (probation, etc) until he does so.

 

[estefano]

Thanks, so he'll have to set up a certain amount with the court that he will have to pay every week/month? and some day i will be getting my first check in the mail? hopefully ?

 

[single317dad]

http://law.justia.com/codes/arkansas/2010/title-5/subtitle-1/chapter-4/subchapter-2/5-4-205

(e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be:

(A) Given a specified time to pay; or

(B) (i) Allowed to pay in specified installments.

Realistically, the guy wouldn't have stolen your property if he had the money to pay, so he'll be ordered to pay installments.

(f) (1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, or transfer.

(2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order.

(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider:

(A) The defendant's employment status;

(B) The defendant's earning ability;

(C) The defendant's financial resources;

(D) The willfulness of the defendant's failure to pay; and

(E) Any other special circumstances that may have a bearing on the defendant's ability to pay.

(g) (1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section.

(2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action.

(3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment.

That last part is the statute supporting Zigner's earlier statement.

 

[Mark Maroon]

The man who stole my motorcycle went to court the other day.

Maybe it's obvious and I missed it, but I think the responses you received so far assume that the case he went to court on was a criminal case instead of a civil case. If you were talking about a criminal case, then the answers you received are spot on. But if it was a civil case that you filed against him, then I think that's a whole different process.

 

[Zigner]

Maybe it's obvious and I missed it, but I think the responses you received so far assume that the case he went to court on was a criminal case instead of a civil case. If you were talking about a criminal case, then the answers you received are spot on. But if it was a civil case that you filed against him, then I think that's a whole different process.

Considering the OP mentioned NOTHING about having filed suit, and considering that the OP was sent out of the courtroom after his testimony, And, as icing on the cake, the OP said the guy who went to court was the one who stole his motorcycle, I think it was a fair assumption that this was not a case that our OP filed against the guy.

 

[estefano]

I think it was a fair assumption that this was not a case that our OP filed against the guy.

That's right. I just went to his court date for stealing my motorcycle. His charges were actually "theft by receiving". A police officer friend suggested to me to go to his court date with a list of damages to my motorcycle, that way I would not have to go through small claims court.

So just to make sure I understand you right, I don't have to take any further actions? Just wait till I get my check??
Could I maybe call the court and ask what has been decided (amount being paid, when he starts paying, etc), that way I know whats going on. I kind of feel a little bit left in the dark about the whole thing. Or am I being to inpatient since it's only been 6 days since his appearance in court. As far as I know he is out of jail now and should be able to pay soon.

 

[Zigner]

That's right. I just went to his court date for stealing my motorcycle. His charges were actually "theft by receiving". A police officer friend suggested to me to go to his court date with a list of damages to my motorcycle, that way I would not have to go through small claims court.

So just to make sure I understand you right, I don't have to take any further actions? Just wait till I get my check??
Could I maybe call the court and ask what has been decided (amount being paid, when he starts paying, etc), that way I know whats going on. I kind of feel a little bit left in the dark about the whole thing. Or am I being to inpatient since it's only been 6 days since his appearance in court. As far as I know he is out of jail now and should be able to pay soon.

Be patience

 

[Ohiogal]

Be patience

Patience is a virtue but shouldn't he be patient?

 

[Zigner]

Patience is a virtue but shouldn't he be patient?

Darn these fast-fingers.

 

[estefano]

Is the court able to give me any information about when he is ordered tomake his first payment and how much the payments are going to be??

Thanks so much for your help!

 

[Zigner]

Is the court able to give me any information about when he is ordered tomake his first payment and how much the payments are going to be??

Thanks so much for your help!

Go to the clerk and ask to see the file. It's public record.