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I have a defendant who owes about $40,000 in restitution from a theft case. She has a good job and my boss wants me to garnish her wages to get this paid.

I am not aware of any provision allowing this type of action. I don't think I can do a restitution lien because the underlying offens is theft.

Ideas???
 
Posts: 64 | Location: Johnson County, Texas | Registered: May 06, 2004Reply With QuoteReport This Post
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Could you do a "wage with-holding order" at the time of the probation plea, similar to the order commonly used in divorce cases? I suppose you could make it a condition of probation...I don't know...what do you think???
 
Posts: 130 | Location: Hempstead, Texas, USA | Registered: March 15, 2007Reply With QuoteReport This Post
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Isn't payment of restitution part of probation? If she has the ability to pay, isn't that grounds for revocation?
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
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I believe garnishing wages for criminal restitution is unconstitutional.

A proposed consitutional amendment to permit the practice has been filed this session but it appears to be dead because it has not come out of committee yet. The legislation can be found here:

HJR 80
 
Posts: 2395 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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