Aurora, CO asked in Criminal Law for Colorado

Q: When restitution is part of sentence and you discharge the sentence can the courts come after you 10 years later

Was sentenced in 1993 discharged my case and was told I was done with the state of Colorado justice department I was a free man and now I'm order to pay restitution again

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2 Lawyer Answers
Mr.  H. Michael Steinberg
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Answered
  • Criminal Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: The straight answer is “yes”. Restitution is always waiting if ordered and while it may be off the screen for many years - it is a lifetime obligation and cannot be discharged by time or personal bankruptcy. The law is clear. Sorry.

Brian K. McHugh
Brian K. McHugh
Answered
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: At the time the Court orders restitution in a criminal case, the order also becomes, by operation of law in Colorado, a civil judgement for the amount of restitution. The civil judgment remains an enforceable judgement until it is satisfied or it expires*. I believe a civil judgement is enforceable for twenty years, but it can be renewed*.

A civil judgment accrues interest so the original amount of the judgment will increase over time.

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