Restitution and Bankruptcy

[LynnD]

I know, in general, restitution is not dismissed but I have a question:

I had to pay restitution for my son between 2005 and 2007. (theft charge--he was young so my responsibility) He went to probation and was released after all fines, community service etc was done. We thought that was the end of it except I just got a bill from a collection agency last month saying we owe 75% of what was originally ordered!

I have been in contact with the court and they said they see that a payment was made day of sentencing and have sent that to the judge to correct but still show a balance left.

I have been in contact with the collection agency who says they now have the account for collection.

I KNOW this was 100% paid and don't want to have to pay it again. Since it has been given to the collection agency can it be included as a collection? I wouldn't worry about it if it were a small amount but they are saying it is like $2300 ($1600 in late fees)

If I do include it to see what happens, what is the worse that will happen? They exclude that one debt or can the whole case be dismissed? I'll be filing Chapter 7 pro se.

[AngelinaCatHub]

If this was 100% paid, who did you pay? A collection agency holds no rights over you if you indeed paid this bill. In fact you don't owe them anything at all. You owe the Court not some two bit debt collector.

List them of course but list as a disputed claim. Have you kept receipts? If not the Court should have a record. You could also go to the original Judge with a letter of request to pay direct with no penalties as you are now in bk. As far as the collection agency, *blank* them. Your obligation is the Court. Work with them and they will work with you. More info would help. 'Hub

[LynnD]

I paid the court. I had to make $300 payments per month. Once he finished his probation, the probation office had to make sure all fees were paid (which they were.) The case was deferred so it was taken off his record which the judge approved. This was 3-5 years ago (2005-Feb 2007) I have contacted the court and the court has said they sent a request to the judge for the amount paid at sentencing. They show several $300 payments but they stated there is still a balance remaining. I've asked several people how can that be when he was released and can't be released until everything is paid.. the probation officer had to make sure all fines were paid and I KNOW it was all paid. I went in, diligently, monthly and paid them in person. I have been going over and over and over about this. The bank account that I used is closed and even if I had the statements that may show some payments I seriously doubt I show it all.

So if I put the court and the collection agency (Integral Recoveries) is there a chance this may get discharged? The charge was theft and was taken off of his record once he completed two years of probation.

[tcreegan]

Hi LynnD,

Put the collection agency on the creditors matrix and in the unsecured creditors on the scehdules. Then they have to go away once you file.

The court not showing full payment is probably a bureaucratic error, I would work with the probation officer to back you up and get it cleared up.

Been in your shoes, hang in there!

Tom in Colo

[LynnD]

Hi Tom, would you also put the court on the Matrix and Schedule F? I have tried to contact the probation officer and they were a third party contracted by the court and they aren't even in business anymore! I did get a letter from the court and they said I can contact the investigations department and I have sent a detailed letter to them as well. I'm sure it is a bureaucratic error. I mean it just doesn't make sense. He could NOT have been released without all conditions being met. Someone messed up somewhere. I, distinctly, remember going into court and making that last payment and walking out and being SO happy that the payments were done and over because they lady told me we were clear.

Thanks again

[tcreegan]

Hi Lynn,

I wouldn't bother putting the court on the creditors matrix, w/o the local case #, the BK notice most likely hits the circular file (thats what they told me)

It is a bureaucratic error, and not discharged anyhow, can't see a reason to put them on the BK

Have fun w/ the investigations department, I swear the court system around here is more bureaucratic than the IRS!

Tom in Colo

[LynnD]

LOL Tom! I tell you.. that is what it feels like -- I'm on a circular ride that is getting me nowhere. Something tells me I'm going to have to suck it up and just pay it because I just keep hearing "Well we don't know why the probation department didn't report payment" or "We just don't show payments." Ah well, my son is older now.. he can pay it this time :-)