Restitution and Other Remedies
Restitution is money that the judge may order an offender to pay to the victim of a crime. Restitution may be ordered in both juvenile and adult cases after the offender has been convicted. The restitution order is part of the offender's sentence. The amount of restitution must be based on the victim's expenses as a result of the crime AND the offender's ability to pay.
How do I ask for restitution?
A victim of crime has the right to ask the judge to order restitution.
The request for restitution should be made in writing prior to sentencing.
Most counties have forms available for the victim to use. Someone from the prosecutor's office or probation may contact you about requesting restitution. If you are not contacted, call the prosecutor's office (victim/witness program), or probation office and tell them you want to request restitution.
If the full extent of the victim's loss is not known at the time of sentencing, and the offender is on probation or supervised release, the amount of restitution may be determined at a later date. The court does not have to order restitution, particularly if the necessary information is not provided by the victim. If the victim requests restitution and the judge does not order it, the judge must explain the reasons.
Always keep the person supervising the offender (probation officer, parole officer or restitution worker) informed of your current address so that restitution payments can be sent to you.
The offender has the right to object to expenses submitted for payment. The court may hold a hearing on the restitution due to objections by the offender or the victim. In such a case, the court must notify you at least five days before the hearing.
How much restitution can be requested?
Victims of crime have the right to request restitution for all expenses which resulted from the crime. This may include, but is not limited to:
- medical bills
- counseling expenses
- transportation
- lost wages due to an injury
- and stolen or damaged property.
Keep all of your bills, receipts or other proof of your losses and attach copies to your restitution form.
In some cases, requests can be made for anticipated expenses. For example, an offender can be ordered to pay for counseling that the victim may need in the future.
Some judges will order restitution only for expenses not covered by insurance. The restitution order should include a payment schedule.
What if the offender has not paid the restitution?
A court order does not guarantee payment by the offender. If restitution was ordered and you have not received a payment, call the offender's probation officer (usually located at the county's Department of Court Services -- in Stearns County's case, it's Community Corrections at 320.656.6160.). If a probation officer has not been assigned to the offender, you may call the Court Administrator.
If payment is still not made, victims have the right to ask the probation officer to schedule a probation review hearing. The probation officer can request a hearing at any time.
If the offender was sent to prison and is earning wages there, part of the wages can be used to pay restitution. If the offender has been released from prison, he can be held responsible for paying the rest of the restitution during the supervised release period. If the offender fails to make payments, his supervised release can be revoked, causing him to return to prison for the remaining part of his or her sentence.
How can I collect restitution if the offender is no longer under the court's supervision?
If the offender still has not paid the restitution and his or her sentence is about to expire, you can try to collect the order through civil court. Court Administration staff, usually located at the courthouse, will provide the necessary forms and assist you.
To collect in a civil action, you need to get the restitution order changed to a civil judgment. Contact Court Administration for your county, usually located in the courthouse. Tell them you want to "docket" a restitution order and file an "Affidavit of Identification." There is no charge for victims named in the order.
A restitution order recorded as a civil judgment will show up if a credit check is done on the offender. It will prevent the offender from being able to finance a car, for example, until he or she pays the restitution.
Getting a civil judgment does not automatically result in collection of the money from the offender. If the offender still does not pay, you can pursue collection procedures.
Although it is not required, you may want to hire a private attorney to attempt to collect the money. For a fee, an attorney can help you locate the offender's money or property and collect the restitution from the offender's bank accounts or wages.
If you want to collect the money yourself without a lawyer, Court Administration can provide more information on the forms that need to be filed and the fees charged. Court Administration can give you a "Writ of Execution" and, if necessary, an "Order for Disclosure" to get a list of the offender's property and bank accounts. You then must deliver the writ to the Sheriff's Office. Some property is exempt from collection by the Sheriff.
After the offender has paid you in full, you must file a "satisfaction of judgment" form.
In juvenile cases, an offender's parents can be held responsible for their child's debt, but only up to $1000. A separate civil action would need to be brought against the parents, which can usually be handled in Small Claims Court. Court Administration can assist you. There will be a filing fee.
What is the difference between restitution and reparations?
Restitution is only available if the offender is convicted of a crime and the judge orders it. Restitution can be ordered for all your expenses related to the crime, including property losses. Restitution is paid by the offender.
"Reparations" refers to financial assistance from the government for victims of violent crimes. You need to get a claim form from a state agency called the Crime Victims Reparations Board (see the Resource Section of this document for address and phone number). In most situations, you must file a reparations claim within one year of the injury. The Reparations Board does not pay for property losses.
If you are a victim of a violent crime, you should file a claim with the Reparations Board even though you are also requesting restitution. However, if the Board pays your expenses and the offender also pays you restitution for the same expenses, you must reimburse the Board for the amount it paid.
You should always seek restitution and file a claim for reparations. You may have trouble collecting restitution from the offender, or you may not be eligible for reparations so it is a good idea to pursue both at the same time.
Resources
THE OFFICE OF JUSTICE PROGRAMS
445 Minnesota Street, Suite 2300
St. Paul MN 55101-1515
651.201.7310, TTY 651.205.4827
24-hour Statewide Toll Free Hotline: 800.247.0390
The Office of Justice Programs investigates complaints regarding violations of victims' rights. They also have an extensive listing of law enforcement, city and county attorneys, and victim/witness programs.
THE MINNESOTA CRIME VICTIMS REPARATIONS BOARD
444 Cedar Street, Suite 100-C
St. Paul MN 55101-2156
651.282.6258
24-hour Statewide Toll Free Hotline: 800.247.0390
The Reparations Board provides financial assistance to victims of violent crime or their families for medical or counseling expenses, lost wages, funeral expenses, and some other losses. Call or write to get a claim form.
CITIZEN'S COUNCIL VICTIM SERVICES
822 South 3rd Street, #100
Minneapolis, MN 55415
612.340.5400
24-hour crisis counseling, advocacy, information and referral.
THE MINNESOTA STATE BAR ASSOCIATION
800.292.4152
The Bar Association provides referrals to private attorneys. There is a $15 referral fee, which includes a 30-minute consultation with an attorney.
UNITED WAY'S FIRST CALL FOR HELP
800.543.7709
24-hour information and referral.