Legal Question in Civil Litigation in California

I was found guility in a criminal court of grand theft and ordered to pay restituion to my former employer and he also sued in civil court and won the judgement as I was in prison. My first question is do I have pay restituion for both criminal and civil courts? My second question is can this judgement attach a trust fund sent up by my parents in their living trust?


Asked on 3/19/10, 3:04 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You only have to pay once. But to the extent that the restitution order and the civil judgment cover different damages, you need to pay both.

If the trust fund was properly set up the plaintiff may not be able to execute on it. He probably will, however, be able to levy payments from the trust before they reach you.

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Answered on 3/24/10, 3:40 pm


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