what is a restitution lien from the attorney general

Full Answer

What is an a restitution lien?

A Restitution Lien filed with the Secretary of State perfects against interests in personal property. Once paid off, it is the responsibility of the lien-holder to releases the lien (s) involved (Authority: ARS § 13-806 ).

How does the US Attorney's office handle restitution payments?

After, the defendant completes his/her period of supervision or probation, the US Attorney’s Office Financial Litigation Unit ensures that the defendant is making monthly restitution payments to the Clerk of the Court. The U.S. Clerk of Court receives payments from the defendant and then will forward payment to the victims.

What happens to restitution when the defendant is in prison?

A: While the defendant is in prison, payments are collected by the Bureau of Prisons. As noted above, due to the nature of the collection rate (per quarter) it is unlikely that victims will receive restitution while the defendant is incarcerated.

Are Attorney’s fees and tax penalties included in restitution?

In most cases, attorney’s fees, and tax penalties are not included in court ordered restitution. The Court may order the return of property or money to a victim or to someone a victim chooses.

Is restitution considered a federal debt?

No. Under federal law, an order of restitution is enforceable through the procedures established in 18 U.S.C. § 3613.85, which expressly preempts state law. While many states have exemptions limiting a creditor's ability to attach or seize personal assets, those limits do not apply to federal restitution orders.

What is an example of restitution?

Examples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim's medical expenses after a violent assault. In homicide cases, restitution can even cover funeral costs.

What is restitution in a settlement?

| Last updated December 14, 2021. Restitution is a court-ordered payment made by the perpetrator of a crime to the victims of that crime. Restitution is meant to restore the crime victim financially to the point they were at prior to the crime.

What is the main goal of restitution?

Restitution holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes. Restitution is typically ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime.

What does restitution mean in legal terms?

In criminal cases: Full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation.

What is restitution payment?

What is restitution? A. When the court orders an offender to pay restitution, it is ordering them to pay back the damage caused, both to the state and to the victim(s). The court orders restitution in all cases and does not consider the offender's ability (or inability) to pay when the order is made.

What is the process of restitution?

At sentencing, the judge then enters an "Order for Restitution," directing the offender to reimburse victims for some or all of the offense-related financial losses. Compliance with the Order of Restitution automatically becomes a condition of the offender's probation or supervised release.

Is restitution taxable income?

Court-ordered restitution payments are after-tax dollars being returned to you and are not taxable. Restitution is only to offset your actual loss, it should not be considered income or profit.

What is the difference between restitution and reparation?

Restitution is the restoring to the rightful owner what has been lost or taken away. Reparation is the restoring to good condition of something that has been damaged. Restitution and reparation have the same root, restoration, which is itself a kind of rectification or compensation.

How do I pay my restitution?

Payments can be made with cashier checks, money orders, or personal checks. These methods of payment will have an automatic 30 day “Hold” placed on them while the check clears the bank. Write on your cashier's check, money order, or personal check: CDCR number.

What kind of restitution may be appropriate when the immediate casualties can't be identified?

Creative restitution to substitute victims seems appropriate when the immediate casualties can't be identified. Reformers promote restitution as a means of rehabilitation.

Which one of the following crimes has no statute of limitations?

In particular, the following crimes have no SOL under California law: offenses punishable by death, offenses punishable by imprisonment in the state prison for life or life without the possibility of parole, and. embezzlement of public money.

What to do if you are awarded restitution?

If you are awarded restitution, simply keep the U.S. Attorney's Office Victim/Witness Assistance Program (1-888-431-1918) and the U.S. Clerk of Court’s Financial Section (404-215-1625) informed of where you live and if your address changes. Any restitution payment owed will be forwarded to you as it becomes available.

How long does a victim have to file a restitution order?

Under the Act, if an identified victim discovers further losses after a judgment has been filed, that victim has 60 days after discovery of the losses, to petition the Court for an amended restitution order.

What is the Mandatory Restitution Act?

The Mandatory Restitution Act of 1996 established procedures for determining the amount of restitution to which a victim may be entitled. Information on procedures for restitution for crimes which occurred before the Act was passed--April 24, 1996--is also included.#N#The Act provides that 'identified' victims may be entitled to an order of restitution for certain losses suffered as a result of the commission of an offense, or losses that a defendant agrees to repay as part of a plea agreement. Victims may be either individuals or businesses.#N#It is important that victims keep a record of all expenses incurred as a result of the crime, so that the sentencing Judge can use this information to determine what costs are properly included within an order of restitution.#N#For further information on any issue discussed in this brochure, contact the Victim Witness Assistance Program of the U.S. Attorney's Office at 1-888-431-1918.

What can a judge order a defendant to reimburse a victim for?

In any case, at sentencing the Judge may order a defendant to reimburse a victim for verified lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.

What happens if a defendant pleads guilty?

If a defendant pleads guilty or is found guilty at trial, the United States Attorney’s office will provide the United States Probation Office with available information on each identified victim's loss. This information is usually obtained by the case agent during the investigation.

What are the special categories of victims restitution?

Special Categories of Victim Restitution. Victims of crimes such as telemarketing, child exploitation, interstate domestic violence and sexual assault, may be eligible for the full amount of the identified victims' losses.

When was restitution mandatory?

Under federal law effective April 24, 1996, Congress made restitution mandatory for many types of federal crimes. For most crimes committed prior to this date, Judges have more discretion on whether to order restitution.

What is restitution in court?

In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, funeral costs or other financial costs directly related to the crime. Some financial losses are not eligible for restitution, such as state or federal taxes, interest, penalties or fines; expenses for private legal representation relating to personal or business legal issues raised by the crime; fees for tax advisors, accountants, or other professionals; and legal expenses for the civil recovery of financial losses. Losses for "pain & suffering" are also not eligible for restitution.

Who enforces restitution in a criminal case?

The United States Attorney's Office will enforce the restitution imposed by the Judgment in a Criminal Case (JCC) as attorneys for the United States of America. While this enforcement benefits you as a victim of a crime, neither the United States Attorney's Office nor the Department of Justice, nor any employee thereof, is your attorney. The United States Attorney's Office will not seek your consent to any action it may undertake to pursue enforcement of the restitution order.

What is the Financial Litigation Unit?

Attorney's Office Financial Litigation Unit (FLU) is charged with enforcing orders of restitution, and monitors efforts in enforcing a Judgment if defendant assets or income are identified. FLU will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, plus the time period of actual incarceration, or until death of the defendant. In addition, while a defendant is under the supervision of a probation officer, that probation officer will also monitor and ensure appropriate restitution is paid, where possible.

How to determine restitution amount?

To determine the amount of restitution to be ordered, the U.S. Probation Office gathers financial loss information from the investigative agent (s), the AUSA and victims prior to sentencing. Often this information is obtained by having the victims complete a "Victim Impact Statement." If you would like to complete a victim impact statement, please contact the Victim-Witness Program staff. A court may also decline to order restitution if it finds that determining restitution in a case is too complex.

How does the Inmate Financial Responsibility Program work?

Through this program, a percentage of the inmate's prison wages is applied to his or her restitution obligations.

How to get abstract of judgment?

You are entitled to request from the Clerk's office a document called an Abstract of Judgment. When properly recorded pursuant to state law (such as in a County Clerk's Office in a county where the defendant owns property), the Abstract of Judgment can give you a lien in your own name against the defendant's property. You will then have similar legal rights as any other civil judgment lien creditor, and this means you can collect the money from the defendant yourself. You must bear the cost of recording the Abstract of Judgment. If you request an Abstract of Judgment from the Clerk's Office by mail, you must include a self-addressed and stamped envelope.

How long is a restitution order enforceable?

A restitution order is enforceable for twenty (20) years.

What is a restitution judgment?

The restitution judgment acts as a lien against any property or assets the defendant has or will have in the future. The U.S. Attorney’s Financial Litigation Unit is responsible for enforcing restitution payments after the defendant serves his prison time and completes his supervised release.

How long does it take to get restitution?

A. Restitution will be disbursed once there is enough to disburse to all victims equally at the same time. As stated above, this process generally takes YEARS and there is nothing our office or the Court or Probation can do to make this process quicker if the defendant is making his regular restitution payments. We can only intervene if the defendant is wilfully failing to make restitution payments.

How are restitution payments collected?

A: While the defendant is in prison, payments are collected by the Bureau of Prisons. As noted above, due to the nature of the collection rate (per quarter) it is unlikely that victims will receive restitution while the defendant is incarcerated. Once the defendant is released from prison, the defendant is usually under a period of supervised release. During the period of supervised release, or if the defendant receives a sentence of probation, the US Probation Office is responsible for collecting restitution from the defendant. The Probation Officer will ensure that the defendant is making monthly restitution payments to the Clerk of the Court. After, the defendant completes his/her period of supervision or probation, the US Attorney’s Office Financial Litigation Unit ensures that the defendant is making monthly restitution payments to the Clerk of the Court. The U.S. Clerk of Court receives payments from the defendant and then will forward payment to the victims. However, as noted above, these payments have to be distributed among all the victims at the same time. Due to the fact that most cases have numerous victims, these payments would be quite small. The Clerk does not issue checks for less than $10 per victim because this is not economically feasible. Therefore, the Clerk will wait until there is a more substantial amount to disburse to victims. The Clerk will NOT send a letter notifying you a payment is coming - you will just receive a check in the mail.

What happens to a person who is released from prison?

Once the defendant is released from prison, the defendant is usually under a period of supervised release. During the period of supervised release, or if the defendant receives a sentence of probation, the US Probation Office is responsible for collecting restitution from the defendant.

Can a victim receive partial restitution?

This is not meant to be harsh but to give victims a realistic view of restitution. It is quite likely that a victim may not receive any or may receive only partial restitution. We will make every effort to hold this defendant accountable. It is your responsibility to keep the U.S. Attorney's Office informed of any change of address in order to receive restitution in the future.

Does the defendant have a bank account?

Generally, the defendant does not have bank accounts with the victims’ money in it.

Do you get restitution for fraud?

A: Probably not for years. Typically there are numerous (sometimes even hundreds or thousands) of victims in fraud cases and payments have to be disbursed to all the victims at the same time. Restitution payments also are dependant on how much financial resources the defendant has at the time of sentencing and whether the defendant has any children or family who are dependant on him/her for income. If the defendant is incarcerated, he/she will be enrolled in the Inmate Financial Responsibility Program which means the inmate must work while he/she is incarcerated. Half of what they earn goes toward restitution, however, prisoners only earn approximately 11 cents per hour and restitution payments are made on a quarterly basis (usually at $25 per quarter). Since restitution has to be paid equally among all victims at the same time, in large victim cases, it is unlikely that victims will receive any restitution while the defendant is in prison.

Who is obligated to pay restitution?

If a victim has received compensation from insurance, disability, the Crime Victims' Compensation Fund, or any other source with respect to a loss, the Court shall order that restitution be paid to the person/company who provided or is obligated to provide the compensation.

Who can be restitution paid to?

If a victim dies, restitution may also be paid to a victim's estate. Documents verifying a victim's death and information on power of attorney may be requested by the U.S. Clerk of Court, prior to any restitution being paid.

What is the Mandatory Restitution Act?

The Mandatory Restitution Act of 1996 established procedures for determining the amount of restitution to which a victim may be entitled. Information on procedures for restitution for crimes which occurred before the Act was passed, (April 24, 1996) is also included.#N#The Act provides that 'identified' victims may be entitled to an order of restitution for certain losses suffered as a result of the commission of an offense as part of the criminal sentence imposed on the defendant, or as part of a plea agreement. Victims may be either individuals or businesses.#N#It is important to begin keeping a record of all expenses incurred as a result of the crime, so this information can be used in determining what costs may be ordered by a Judge to be repaid by a defendant if convicted.#N#For further information on any issue discussed in this brochure, contact the Victim Witness Assistance Program of the U.S. Attorney's Office.

How long does a victim have to file a restitution order?

Under the Act, if an identified victim discovers further losses after a judgment has been filed, that victim has 60 days after discovery of the losses, to petition the Court for an amended restitution order.

What can a judge order for lost income?

In any case, at sentencing, the Judge may order reimbursement to a victim for verified lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.

When is restitution required?

Under federal law, in many types of federal crimes, it is mandatory for a defendant to pay restitution for cases occurring after April 24, 1996. For most crimes committed prior to this date, Judges have more discretion on whether to order restitution.#N#Unfortunately, as a practical matter, a defendant who has no money or potential to make money may be unlikely to ever make meaningful restitution to the victims of a crime.#N#If a defendant pleads guilty or is found guilty at trial, available information on each identified victim's loss, usually obtained by the case agent during the investigation, will be provided to the U.S. Probation Office by the U.S. Attorney's Office. A presentence probation officer is assigned to investigate the background of a defendant, and prepare a presentence report for the Judge, recommending the most appropriate sentence.#N#Identified victims whose losses are included in the counts of conviction or as part of a plea agreement will also have the opportunity to request restitution and explain their losses in a Declaration of Victim Loss Statement. This statement is provided to victims to complete by the US. Probation Officer, after a defendant has been convicted at trial or has pleaded guilty.#N#Victims should consider closely the types of restitution allowable, as it is often limited, and may not include damages for such things as pain and suffering. Victims should provide receipts or other verification where possible.

What happens if a defendant pleads guilty?

If a defendant pleads guilty or is found guilty at trial, available information on each identified victim's loss, usually obtained by the case agent during the investigation, will be provided to the U.S. Probation Office by the U.S. Attorney's Office.

When to use a restitution lien?

A Restitution Lien is used when restitution has been ordered but no CRO has been entered. Any person entitled to restitution pursuant to a court order may file one. Establishing a Restitution Lien does take some time, but can be an effective tool in collecting restitution.

What is a pre-conviction restitution lien?

A Pre-Conviction Restitution Lien may be requested by the victim or prosecutor after the filing of a misdemeanor complaint or felony information or indictment. If the request is granted by the court, then the lien is treated the same as a Restitution Lien. If the case is dismissed or the defendant acquitted, it is the court's responsibility ...

What to do before obtaining a restitution lien?

Before you proceed with obtaining your own restitution lien, you should check to see if there is a CRO already filed in the criminal case in which you were named a victim and an order entered for you to receive restitution.

What is a restitution lien in Arizona?

The filing of a lien gives notice to all persons dealing with the defendant or dealing with the property identified in the lien of the State’s interest (on behalf of the victims) in the property. This lien will not be removed until the defendant pays restitution in full or until the property is sold and the profit is given to the Clerk of Court for disbursement to the victim(s). The Arizona Attorney General’s Office of Victim Services has a Restitution Advocate who monitors the restitution payments in cases that the Attorney General’s Office prosecuted. If a defendant is non-compliant with the restitution order, the Restitution Advocate can: • Contact the probation officer to find out why the defendant is behind in payments, assist in facilitating payments and seek remedies to the problem. • Act as a liaison with the Court, the Department of Corrections or the Probation Department. • Answer questions you may have about the criminal justice system. • Put you in touch with the prosecuting attorney or with the appropriate Court personnel.

How does restitution work in a criminal case?

In cases involving multiple victims, restitution is usually ordered to be disbursed on a pro-rated basis. This means that the defendant’s monthly payments will be divided among the multiple victims based on the percentage of the victim’s loss. The majority of the defendants who are ordered to pay restitution never pay the total amount. To receive restitution payments, victims must keep their address up-to-date with the appropriate County Clerk of the Court:

What is the purpose of restitution in Arizona?

The Arizona Constitution provides that crime victims are “to receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.” Restitution is most often ordered at the time of sen- tencing and may include reimbursement for: • medical expenses • mental health counseling • funeral costs • expenses to restore physical safety • lost or damaged property • lost wages • travel expenses When determining the total amount of restitution, the Court is required by law to consider all of the victim’s economic losses that resulted from the crime for which the defendant was convicted. The judge is also required to consider the defen- dant’s ability to pay when establishing a payment schedule, usually with monthly payments. The de- fendant pays the County’s Clerk of Court, who then disburses the money to victims.

How much restitution would be required if a defendant was sentenced to prison?

If the defendant was sentenced to prison, the Court would still have to order the defendant to pay restitution in the total amount of $9,000.

What is restitution in a case?

In cases involving multiple victims, restitution is usually ordered to be disbursed on a pro-rated basis. This means that the defendant’s monthly payments will be divided among the multiple victims based on the percentage of the victim’s loss.

Who will notify the sentencing judge of a defendant in arrears?

If the defendant is on probation, the probation officer or the Clerk of Court will notify the sentencing judge upon finding that a defendant is in arrears. The notification must either:

What happens if a defendant owes a restitution order?

If a defendant still owes monies at the end of his or her sentence, a criminal restitution order is filed on any unpaid balances. This order can be enforced in civil court. Unfortunately, the majority of the defendants who are ordered to pay restitution never pay the total amount. For more information about restitution, ...

Who pays restitution?

All court ordered restitution is paid to you by the Clerk of Court. You must keep your name and address current with the Clerk of Court' s Office in the county in which the case was prosecuted to ensure you receive payments until the amount of restitution is paid or until the defendant's sentence has been completed.

What is victim compensation?

Victim Compensation. If you are a victim of a crime or a derivitive victim, you may apply to your county's Crime Victim Compensation Board to recover certain expenses. This money comes from surcharges and penalties that are paid by criminals. Victims may apply to recoup losses paid for:

How to contact Arizona restitution?

For more information about restitution, download the restitution brochure or call the Arizona Attorney General's Office of Victim Services at 602-542-4911 or 1-866-742-4911. You may find additional information on the AZ Courts Website on the following page; Restitution. (link is external)

What happens if someone is found guilty of a crime?

If someone is found guilty of the crime committed against you, the court may order that person to pay you the financial costs of your victimization. This court-ordered payment is known as restitution. Victims of crime have a constitutional right to receive prompt restitution. If charges are filed in your case, it is important that you contact your prosecutor’s office of victim services program for more information and assistance with the restitution process.

What are the realities of restitution?

The Realities of Restitution. Since the defendant has been convicted of a crime his or her employment opportunities and ability to earn money may be limited. Defendant who are paying as much as he or she is able to pay toward their restitution, even if it is an amount lower than ordered, cannot be forced to pay more.

Do victims of crime get restitution?

Victims of crime have a constitutional right to receive prompt restitution. If charges are filed in your case, it is important that you contact your prosecutor’s office of victim services program for more information and assistance with the restitution process.

Who is responsible for collection of unpaid restitution?

18 U.S. Code § 3612 addresses unpaid restitution and indicates that the Attorney General is responsible for collection of unpaid restitution.

What is the difference between restitution and fines?

Costs are generally discretionary and are meant to reimburse the government for the expenses involved in prosecuting you. Both fines and costs are paid to the government. Restitution on the other hand is meant to restore the victims of the crime to the place where they stood before the crime was committed. The legal phrase for this is ...

What are some examples of federal crimes where restitution would be ordered?

Examples of federal crimes where restitution would be ordered include crimes of violence crimes of fraud, and federal crimes involving child exploitation and child pornography. See 18 U.S. Code § 3663A.

What is the purpose of restitution?

Generally, the purpose of restitution is to compensate a person who, because of the criminal activity, suffers physical injury or property loss. These losses may be proximally caused and are payable to the victim if you have been convicted of a qualifying offense.

What is the AG's duty under the Fair Debt Collection Practices Act?

According to 18 U.S. Code § 3613, the AG may use all the “practices and procedures” that would otherwise be applicable to the enforce any other kind of civil judgment and may do so according to both Federal and State law. This essentially means that the AG is bound by the Fair Debt Collection Practices Act.

Can the government collect on your half of the equity?

It would appear therefore, that the government can attempt to collect on your “half” of the equity by filing a lien against the home but cannot otherwise force a sale.

Can an AG execute on a house in Michigan?

Additionally, if the property is jointly owned, the AG should also not be able to execute on the home. The AG may be able to execute on any interest owned by you, but they cannot force a sale of property held by someone else. This is true in a marriage situation because in Michigan married couples most often hold real property (such as a residence) as “Tenants by the Entirety.”

Restitution Is The Superior Remedy

See more on naag.org

Attorneys General in Multistate Cases Should Seek Restitution Whenever Possible

Focusing on Restitution Leads to Better Results in Local Cases as Well

Conclusion