Redemption of compensation measure – threatened imprisonment

Questioner

Good afternoon, My partner was ordered to pay damages a few years ago for bottle-pulling. He is jointly and severally liable for the payment of the damages together with two accomplices, who were convicted later than he was in a separate trial and who also went to cassation. As a result, they started paying back much later. By that time, my partner alone had already paid off 1/3 of the judgment amount. Last month my boyfriend received a letter from the CJIB in which they demand that he pay off almost €200 per month for the next five years because of the statute of limitations of the case. That is considerably more than the €75 per month that we have paid off so far. That was already a big chunk of money from our wallet because we live on social assistance. If he does not pay, he will receive a so-called 'substitute' detention. He dreads that terribly because of his anxiety disorders. Is there a way to (try to) persuade the CJIB to agree to a lower amount? And if my friend does have to go to prison, will the already paid off part be taken into account? If so, how exactly? Thank you in advance for your answer. Yours sincerely,

Lawyer

Regarding your first question; the CJIB has a certain policy regarding payment arrangements. They are usually open to an adjustment of the payment arrangement, but this depends on the individual circumstances. It is important to send a convincing objection in which you demonstrate that you are truly unable to make the current monthly payments. It can help to provide clear documentation of income, expenses and any debts. A lawyer or attorney can help you draw up this objection. Regarding the second part of your question; if the compensation measure is not paid in full, alternative detention can be imposed. During this detention, however, the debt remains and the amount that has already been paid is in principle not offset against the duration of the (alternative) detention. This is because detention is intended as a legal means of pressure to enforce payment and not as an alternative form of debt repayment. This is a complex situation and I strongly advise you to seek help from a specialist lawyer or attorney who will be able to give you more specific advice based on your unique circumstances.