Section 42.037 of the CCP: <[f)[1) The court may not order restitution for a loss for which the
victim has received or will receive compensation; etc.... >

I have a situation where the two parties involved in a hot check case were also the same parties in a previous civil eviction order where restitution was ordered for 3 months rent, the first month of which is the value of the hot check in the pending criminal matter. Does the above section (f)(1) preclude a second restitution order on my Hot Check case ? Arguably, the caselaw on the above CCP section is meant to focus solely on situations where third parties pay or will pay the victim; however, the argument against a second restitution order seems to be strengthened precisely because only the two parties are involved in both the civil and criminal cases. Thanks all.

Mark LaForge, ADA, Nueces County - Corpus Christi, Texas.

I thnk restitution could be ordered with credit for any payments already made to avoid double payment. Ordering it on the criminal case makes it more enforceable.

How do you think this CCP section affects hot check restitution that appears in a federal bankruptcy order?