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  #1  
Old 05-22-2007, 07:21 AM
catonline
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once you have been convicted of embezzlement and you are paying restitution, now you are being sued for the total amount they are claiming you embezzled, but you have been informed that the victim has been paid a certain amount already and you are continuing to pay restitution, the question is: can you be sued for the total amount from the victim or should the papers for the lawsuit state the amount minus restitution (that has been set by the courts) and minus the other money that has been paid to them, is that a difficult question or what
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Old 05-22-2007, 05:23 PM
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Civil and criminal matters are typically separate.
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Old 05-23-2007, 11:42 AM
catonline
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ok, but the civil papers state the full amount embezzled, should they state only the amount that can be recovered by a civil lawsuit since restitution has been set and they have received additional money towards the full amount, is it law that they can only sue for the amount above restitution, if they sue for the full amount isn't that double dipping.

thx
catonline
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Old 05-24-2007, 05:36 AM
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You would have to argue that you paid them already, but they can sue you for the amount in civil court since technically the state was the one as the plaintiff in the criminal matter.
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Old 05-25-2007, 11:29 AM
catonline
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so they can sue for the total amount and I would just have to argue that they have been paid so much
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Old 05-26-2007, 05:51 AM
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As far as I understand it.
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