Can I get restitution back from an individual if I overpaid?
Question Details: I smashed someones grill at his house at a party and he called the police and the police pressed charges and the person filed for $400 in restitution. He told me the next day that if I paid him for what I broke he would drop the charges. I paid him $1600 not knowing he only filed for $400. This is all documented with witnesses. I then got charged a minor fine by the police but was asked to pay the victim $400 for restitution. I cleared it with the judge and officer as he knew I paid it already. However, can I go back after the victim for the $1200 extra that he claimed he needed for restitution?
No, you can't get that money back IF he asked for the charges to be dropped and/or did not file the charges. In this case, you agreed to pay him $1,600. You did not have to: you could have refused to pay, offered a lower amount, asked to see the invoice, etc. for the grill before paying, etc. But since you voluntarily chose or agreed to pay $1,600, you are held to that--if he honored his side of the agreement.
However, if he breached his agreement--that is, if he caused charges to be filed against you and then did not try or ask to drop them--then you could sue him for the money, or at least for the surplus, based on his "breach of contract," or violation of his agreement.