Q: Filing a post judgment order to amend restitution—A family member was convicted in ST. Joseph, MI and ordered to pay
Over $100,000 for damage to a property in 2009. The property was sold in 2016. How do we have the amount of restitution amended to credit the sales price? Is it to have a motion filed and if so, what kind of fees are we looking at? Thank you.
A: I think you'd need certainly a post-judgment motion. The legal question, though, is what was the amount of damages in 2009; not necessarily what the property eventually sold for. I think the more interesting question - and perhaps how this sort of motion may be better presented - is whether that $100,000 was miscalculated given how much went in to the property and the eventual sale price. Your family member, or an attorney hired to do this, may want to do research in to that question. Fees would vary based on the complexity.
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