Defendant refuses to pay restitution despite court order

The defendant has stolen money from me to the point where I couldn't pay my bills.

I took him to Court and the NJ court found him guilty of fraud and theft. He was ordered by the Judge to pay restitution and court fines.

He hasn't paid since March 2009, me or the court fines. The Judge has issued a warrant on him as of July 2009.


Is there further legal action I can take against him??

Also, I filed a complaint against in small claims court and the Judge has awarded judgement to me, the plaintiff.


Can anyone help???

Thanks

Not sure what you are asking.

If there is a warrant for his arest for contempt, then the criminal aspect is covered.

If you have issued suit in civil court, there is nothing else you can do.

Being awarded a judgement against someone civilly doesn't necessarily mean he can be forced to pay. But in criminal court, he can go to jail for failure to pay--but even then, you cannot get blood from a turnip so to speak.

You may want to read this article: Collect my Court Judgment Lawyers

Thank you...Grace,

I am going crazy just sitting around waiting for the defendant to answer the warrant....thinking isn't there something else I can do.

He doesn't answer the warrant.. he is ARRESTED on the warrant. I would keep after the police department and ask when the warrant is going to be served.

I would, unfortunately, prepare myself to never see the money you lost.

I realize I may not see my money.

But when he is taken to jail....at least he will suffer the consequences, i.e., inmates will steal from him and he will spend his days trying to protect his life and his manhood.

I understand how you feel----the man who killed my husband not only never faced charges, he also never paid a dime. I do understand.

Hopefully his going to jail will, at least, allow you a modicum of peace.

Good luck.

Do you know anything about this person at all? Where he banks, if he owns cars or a house or has credit cards? It sounds to me like you have two judgments, one a criminal and one a civil? While the police are out there looking for this guy, do a little research yourself and see if you can find out where he banks. Take the court judgments, certified copies, to the bank to collect, if he ever deposits any money they will take it and send it to you. Do you know where he works? Does he work for an employer? You can garnish the wages until he gets wise and quits to look for another job. Call mutual friends and find out where he works if you can, unless he just disappeared due to the warrant. Is he married? If his wife is working and on a bank account that he had his name on you can garnish that. If he had a bank account with a girlfriend and you know the bank you can garnish that. Is he self employed on a job and the job owes him money? You can attach a garnishment to the receivables (there may be limitations on this). The point is there's a lot you can try and do without feeling you are just sitting around doing nothing. Knowledge is power, good luck

Its important to note that while the posters state, New Jersey, allows wage garnishment (10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week ---Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50) , not every state does (with the exception of garnishment for child support, alimony, taxes and student loans). In any regard, he cannot just walk into the bank, show a court paper and have it done. It's more complex than that. Anyone can manufacture or forge these documents.
You give the sheriff or other local official (called the "levying officer") information about where the judgment debtor works. The levying officer collects money from the employer and gives it to you. You can end the wage garnishment if you and the judgment debtor make an agreement about payment of the judgment. However, a wage garnishment could produce the opposite effect of what you want -- pushing a debtor to quit the job or, worse, file for bankruptcy. If you choose to garnish wages, remember that you walk a fine line between making great progress on collecting your judgment and closing off the possibility of collecting.

Collect Your Court Judgment With a Wage Garnishment - Learn About the Law

or you could go with a judgment recovery service, but they get 25-50% of the judgment amount.