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Petition For Judgment Against Juvenile Parent For Unpaid Restitution JD-1759 - Wisconsin
| Petition For Judgment Against Juvenile Parent For Unpaid Restitution Form. This is a Wisconsin form and can be used in Juvenile Circuit Court Statewide . |
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FORM SUMMARY Name of Form: Petition for Judgment Against Juvenile/Parent for Unpaid Restitution JD-1759 §895.035(2m), Wisconsin Statutes JV 6, 8 & 10 To request that unpaid restitution be converted into a money judgment. Used by a victim, insurer, or representative of the public interest. The party seeking to convert the restitution into a money judgment. Original is filed with the court; copies provided to the juvenile/juvenile's parents. Generally none. Modification, last update 7/96. Added a statement on the bottom indicating that the form shall not be modified. In #3, added 2 checkbox choices to indicate, if applicable, that the custodial parent has failed to pay restitution or it appears likely that the custodial parent will not pay restitution. Unpaid restitution can be converted into a money judgment against the juvenile or the juvenile's custodial parent. The petition can be filed by the victim, the victim's insurer, a representative of the public interest, or the agency supervising the juvenile. The court is required to hold a hearing on the matter. The petition can be filed if: · the juvenile fails to pay restitution; or · it appears likely that the juvenile will not pay restitution as ordered or agreed to. Presumably a petition could be filed immediately after disposition if the petitioner believes there is proof that it appears likely that the juvenile will not pay the restitution. Date: 11/19/99 Page 1 American LegalNet, Inc. www.FormsWorkflow.com Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: A judgment is in favor of the victim or the victim's insurer, or both, and entry of such a judgment does not foreclose the victim or insurer from commencing another action seeking additional compensation if the total actual restitution is greater than the amount ordered by the court. There is no restitution disposition against a child in chapter 48 CHIPS matters. Therefore, even though §895.035(2m) refers to "child" (which usually denotes a ch. 48 matter), RMC determined that the proper term for use in the form is "juvenile." About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 11/19/99 Page 2 American LegalNet, Inc. www.FormsWorkflow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE INTEREST OF Petition for Judgment Against Juvenile/Parent for Unpaid Restitution Case No. Name Date of Birth Under oath to tell the truth I state: 1. I am: the victim in this matter the victim's insurer (name of company): a representative of the public's interest under §938.09, Wisconsin Statutes: District attorney (for §§938.12, 938.125, 938.13, Wisconsin Statutes) Corporation counsel (for §§938.125, 938.13, Wisconsin Statutes) City/Village/Town attorney (for §938.125, Wisconsin Statutes) Person designated by county board (for §938.125, Wisconsin Statutes) a representative of the agency supervising the juvenile. , and 2. The amount of restitution that was to be paid was $ the court ordered the juvenile to pay restitution to the victim or victim's insurer in this matter. the court ordered the custodial parent to pay the restitution to the victim or victim's insurer in this matter. the juvenile agreed to pay restitution in a deferred prosecution agreement. , and 3. The amount of restitution still owing is $ the juvenile has failed to pay the restitution. the custodial parent has failed to pay the restitution. or it appears likely that the juvenile will not pay restitution. it appears likely that the custodial parent will not pay the restitution. 4. The deferred prosecution agreement, consent decree, dispositional order or sentence that created the obligation . , expired or will expire on of the juvenile dated on 5. This petition is brought not later than one year after the expiration or any extension of the deferred prosecution agreement, consent decree, dispositional order or sentence. I am requesting that the court conduct a hearing and enter judgment for the amount of unpaid restitution in favor of the victim of the victim's insurer, or both, and against: the juvenile. the custodial parent of the juvenile. Subscribed and sworn to before me on Signature of Petitioner Notary Public, State of Wisconsin Name Printed or Typed My commission expires: Company/Agency Distribution: 1. Original Court; 2. Juvenile; 3. Juvenile's Custodial Parent JD-1759, 11/99 Petition for Judgment Against Juvenile/Parent for Restitution §895.035 (2m), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material.
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