praecipe to enter judgment/entry of judgment
i was trying to enter a judgment against someone in state prison. even though he was ordered restutition in the matter. he confessed and was sentenced to state prison and was ordered to pay restituion in the amount of 50,000. he stole my entire life savings. i know I will never see a penny. the police were neglient - in never securing the room and, as a result, there were a steady steam of people going in and out of the room all night long. i tried for almost 2 years now to find an attorney to take the case and now my statue has almost run out. i went to the courthouse to try to at least enter a judgment against him. i fount out that the clerk of courts has already entered a judgment against him but the problem is that they entered themselves as the plaintiff. is this legal? they list fines and restitution as the costs. so, will they forward any monies to me? it does list the criminal docket no. on the judgment so it should correspond. they said if i went and did it again, it would be like having 2 insurance companies and the judge would probably throw it out anyway. could you let me know about this? also, if i had a case against the police. i am really sick about all this. thank you. this is a really BIG RUSH.
1 Answer from Attorneys
Re: praecipe to enter judgment/entry of judgment
As restitution was order as part of his sentence what happens is he makes restitution to the probation department and they send the money to you as they get it.
I know this from personal experience as my aunt's agent took her money and was order to pay restitution. Every month as her executor I received a check from the probation department for the restitution.
If you have any questions feel free to contact me. The initial consultation is free.
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