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The answer is No, they are not going to review it, the file is closed.
So, anyone wanna play attorney? How about one of you attornies?
Here's my dilemna.
We have a restitution agreement with the felon. He pays so much per month. There is an acceleration clause that says the holder of the agreement can demand full payment of the unpaid balance in the event of default (a missed payment) and if not paid in full, the maximum allowable interest will start accruing. Acceleration is without notice and without defense.
The felon agreed to this in order to not have to pay interest and not have his wealthy father guarantee payment.
The guy defaulted twice, and had probation review hearings where he admitted that under oath. For various reasons, the Estate and the Prosecutor never did the acceleration.
Because probation was ending, I called a Hearing last summer to do that. Unfortunately, the Court Clerk misunderstood the purpose of the hearing and it went in under the criminal side of the case. The judge said I had the right to do what I was doing, told the felon he had defaulted, but that the judge was not going to make a ruling. He told us get an to attorney to make the demand.
That's what the attorney did, sent a demand letter, saying we have exercised our option to accelerate the debt. We thought that was all that we needed to do. Now he is saying we go to civil court and get a judgement, which we may fail to get and which would cost several thousand more dollars in legal fees.
Here is my thought. We made the demand, we did what the Court told us to do, so why not I just send the felon a statement of the amount that is now due, with a copy to the Court ClerK?
I'm thinking the worst that could happen is the felon would have his attorney go to court and fight it, get it thrown out. But, we would be no worse off, and I would not have to spend $1000s more on an attorney, or even be there. And the judge in that hearing may look at the file and say we had the right to do what we did.
So, anyone wanna play attorney? How about one of you attornies?
Here's my dilemna.
We have a restitution agreement with the felon. He pays so much per month. There is an acceleration clause that says the holder of the agreement can demand full payment of the unpaid balance in the event of default (a missed payment) and if not paid in full, the maximum allowable interest will start accruing. Acceleration is without notice and without defense.
The felon agreed to this in order to not have to pay interest and not have his wealthy father guarantee payment.
The guy defaulted twice, and had probation review hearings where he admitted that under oath. For various reasons, the Estate and the Prosecutor never did the acceleration.
Because probation was ending, I called a Hearing last summer to do that. Unfortunately, the Court Clerk misunderstood the purpose of the hearing and it went in under the criminal side of the case. The judge said I had the right to do what I was doing, told the felon he had defaulted, but that the judge was not going to make a ruling. He told us get an to attorney to make the demand.
That's what the attorney did, sent a demand letter, saying we have exercised our option to accelerate the debt. We thought that was all that we needed to do. Now he is saying we go to civil court and get a judgement, which we may fail to get and which would cost several thousand more dollars in legal fees.
Here is my thought. We made the demand, we did what the Court told us to do, so why not I just send the felon a statement of the amount that is now due, with a copy to the Court ClerK?
I'm thinking the worst that could happen is the felon would have his attorney go to court and fight it, get it thrown out. But, we would be no worse off, and I would not have to spend $1000s more on an attorney, or even be there. And the judge in that hearing may look at the file and say we had the right to do what we did.
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