Victim Restitution |
The Colorado Courts and Probation Departments continually strive Below are frequently asked questions pertaining to restitution, as well as some other helpful links. Colorado Restitution Statistics (see financial section of annual report) Click below or scroll to locate answers How do I find out about restitution? Restitution is an order of the court by which offenders are held accountable for the financial losses they caused to the victims of their crimes. Once the offender has been sentenced and the court has ordered the amount to be paid as restitution, a payment schedule is established that details when payments must be made to the court for distribution to the victim. This payment plan includes the restitution amount to be paid to the victim once the offender has paid the statutorily mandated fines for Victim Compensation Cost and Victim/Witness Assistance Surcharge. Other court fines/costs and fees are collected after restitution. Please understand that the collection of restitution can take place over a length of time and depends on a number of factors such as the amount owed and the defendant’s financial status. When will I receive my restitution payment from the court? What happens if the defendant fails to make a payment? What if I want to pursue restitution collections on my own? Once the court has received notice that the victim is pursuing their own collection efforts, the victim may apply for any of the following without cost to the victim: You should routinely advise the Clerk of the Court of any payments you have received directly from the defendant or through your own actions to collect. For further collection remedies that the victim may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes or consult an attorney. The victim may also withdraw from pursuing his or her own collection efforts. To withdraw, a notice of such withdrawal must be filed with the sentencing court using the form “Notice of Withdrawal of Intent to Pursue Collection by Victim" (pdf). The withdrawal notice must state how much restitution, if any, the victim collected along with documentation showing the amount collected. In some circumstances, both the juvenile and his or her parent(s) or guardian may be ordered to make restitution to the victim. The maximum liability under Colorado law for the juvenile’s parent(s) or guardian(s) is $25,000.
Where can I obtain more information? Definitions of commonly used terms Restitution: State law allows the prosecutor to request restitution (repayment for a victim’s losses) as part of the sentence of any defendant who is found guilty of a crime. If you have losses due to crime (such as repair costs, medical bills or stolen property) you must provide a Victim Impact Statement to the District Attorney’s Office with information concerning the losses incurred, including documentation of the amount of your losses. The District Attorney’s Office can assist you with your questions in this regard. Victim Impact Statement: A written statement from the victim detailing how the crime has impacted them. This statement will include a section showing the financial losses of the victim due to the crime, which could ultimately be ordered by the court and recovered as restitution. Collections Investigator: A person employed by the Judicial Department whose primary responsibility is to administer, enforce and collect on court orders or judgments entered with respect to fines, fees, restitution or any other accounts receivable of the court. Victim: Any person aggrieved by the conduct of an offender. For a complete listing of who may be considered a victim, please see Section 18-1.3-602(4) of the Colorado Revised Statutes. Judgment: Order or decree entered in court. Judgment Creditor: The person(s) in whose favor a judgment is ordered. Judgment Debtor: The person that the judgment is ordered against. Money Judgment: Part of a judgment that requires the payment of money. Garnishment: A legal process to intercept a person’s earnings to satisfy a judgment. Levy: A legal process to obtain property or cash from the judgment debtor to satisfy a judgment. Lien: A claim against property for payment of a debt. Writ of Execution: A legal document issued by the court, which permits a levy on the judgment debtor’s property. |
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