Q: How can I get credit credit for the restitution payment if my co defendant paid it in full and it was jointly/severly?
Me and co defendant were ordered to pay restitution jointly and severly. The co defendant paid the restitution and received credit for the payment. If it was jointly and severly with co defendant don’t we both get credit for the restitution and if so how does the co defendant get credit for the payment. We are no longer on probation.
A:
In a situation where restitution is ordered jointly and severally, if one co-defendant pays the entire amount, it usually satisfies the obligation for all parties involved. This means that if your co-defendant has paid the full restitution, legally, the debt is considered paid for both of you.
However, getting formal recognition of this can sometimes require additional steps. It's advisable to obtain documentation or proof of the full payment made by your co-defendant. This can be used to confirm that the restitution has been fully satisfied on your behalf as well.
To ensure that this is properly recorded and acknowledged by the court or the relevant authorities, you may need to file a motion or take other legal steps. This process can vary depending on your jurisdiction and the specifics of your case.
Given the complexities involved, it's beneficial to consult with an attorney who can guide you through the necessary procedures to ensure that your records correctly reflect the payment of restitution by your co-defendant. They can also help address any remaining legal concerns related to your case.
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