Restitution versus Judgment

[Raoul]

My son was involved in an auto accident caused by an uninsured driver. Would he be better off getting a judgment against the other driver in Civil District court or accepting criminal restitution in District court? We know that bankruptcy voids a judgment and restitution is set up on a payment plan that can be hit or miss. As of now we are approaching trial dates in both courts.

 

[army judge]

My son was involved in an auto accident caused by an uninsured driver. Would he be better off getting a judgment against the other driver in Civil District court or accepting criminal restitution in District court? We know that bankruptcy voids a judgment and restitution is set up on a payment plan that can be hit or miss. As of now we are approaching trial dates in both courts.

If the defendant has no (or few) assets, it won't matter.

In all likelihood, you're chasing shadows, ghosts, and dust.

Did your son have under-insured or uninsured coverage on his vehicle?

If he did, he'd be better off pursuing this through his insurance carrier.

If he didn't and the potential defendant (perpetrator or at fault party) didn't have insurance, in all likelihood, you'll prevail; but bums can't pay what bums don't have.

I'd discuss my options with a couple of personal injury lawyers in your county.

Sure, they take about 1/3 of what he recovers, but plaintiffs represented by counsel often receive up to 500% (or greater) as the result of the attorney's efforts.


I'm not sure of the circumstances of your son's unfortunate incident, but the state might have an answer, have a look and a read.

http://cvcb.ky.gov/Pages/default.aspx

 

[Proserpina]

My son was involved in an auto accident caused by an uninsured driver. Would he be better off getting a judgment against the other driver in Civil District court or accepting criminal restitution in District court? We know that bankruptcy voids a judgment and restitution is set up on a payment plan that can be hit or miss. As of now we are approaching trial dates in both courts.

Bankruptcy does NOT void a judgment originating from a criminal act. Ever. Even if.

During a Chapter 7, it's a flat-out "no". That debt is not going away any time soon and it would quite literally be a waste of paper because the Trustee is not legally able to discharge that kind of debt to begin with.

During a Chapter 13, it can be included in the repayment plan but in real terms it doesn't matter anyway because...

If the debtor wants to be completely free of the debt, he must pay it off completely during the Ch. 13 payment schedule, or still be liable for the remainder after the bankruptcy has been closed out. You get your money regardless even if it takes some time. And bear in mind that not adhering to that Ch. 13 plan- there's no "if" here, it's a definitive "will" - put the debtor back to square one and this time he no longer has the partial protection of the Ch. 13.

Either way, you'll get your money.



Those judgments can last an awfully long time in Kentucky (15 years to begin with, and it can be renewed)

 

[army judge]

Bankruptcy does NOT void a judgment originating from a criminal act. Ever. Even if.

During a Chapter 7, it's a flat-out "no". That debt is not going away any time soon and it would quite literally be a waste of paper because the Trustee is not legally able to discharge that kind of debt to begin with.

During a Chapter 13, it can be included in the repayment plan but in real terms it doesn't matter anyway because...

If the debtor wants to be completely free of the debt, he must pay it off completely during the Ch. 13 payment schedule, or still be liable for the remainder after the bankruptcy has been closed out. You get your money regardless even if it takes some time. And bear in mind that not adhering to that Ch. 13 plan- there's no "if" here, it's a definitive "will" - put the debtor back to square one and this time he no longer has the partial protection of the Ch. 13.

Either way, you'll get your money.



Those judgments can last an awfully long time in Kentucky (15 years to begin with, and it can be renewed)

You're right, Pro.

But, its been my experience that many of these deadbeats just don't care.

I've had clients obtain judgments, expecting even minimal recompense, only to see the creep end up in prison.

The problem is, Pro, if you or I were in the position of this deadbeat, we'd care.

We'd do everything and anything to fix it.

Many of those types, don't care, and all this does (many times) is increase expectations leading to frustrations.