Restitution & Other Financial Remedies
What is Restitution?
- Restitution means payment of crime related expenses to a victim from an offender.
- Restitution is mandatory in all criminal cases in which the defendant is convicted.
- Restitution is part of the sentencing order.
How Do I Ask for Restitution?
A victim of a crime has the right to ask the judge to order restitution. The Polk
County Attorney is responsible for having the victim complete a “Victim’s Pecuniary
Damage Statement.” Someone from the Polk County Attorney’s Office or probation office
should contact you about requesting restitution. If you are not contacted, call
the Polk County Attorney’s Office at (515) 286-3737, or the Pre-Sentence Investigator
at the Department of Correctional Services at (515) 281-4811 and tell them that
you want to request restitution.
If the full extent of the victim’s loss is not known at the time of sentencing,
the amount of restitution may be determined or amended at a later date, assuming
that a signed, pecuniary damage statement has already been filed.
Always keep the Clerk of Court or person supervising the offender aware of your
current address so restitution payments can be sent to you.
The offender has the right to object to restitution ordered by the court. The court
may hold a hearing on the restitution at any time due to objections by the offender.
The Polk County Attorney’s Office may contact you to ask you to testify at the restitution
hearing. The Polk County Attorney’s Office will ask that you submit proof of your
damages.
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How Much Restitution Can Be Requested?
Victims of crime have the right to request restitution for all crime related expenses
which have not been covered by insurance, or the Crime Victim Compensation Program.
This may include, but is not limited to:
- medical bills
- counseling expenses
- transportation
- lost wages due to an injury
- stolen or damaged property.
Keep all of your bills, receipts or other proof of your losses and attach copies
to your victim pecuniary damage statement.
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What If The Offender Has Not Paid The Restitution?
A court order does not guarantee payment by the offender.
- Call the Polk County Clerk of Court at (515) 286-3765. The Clerk can tell you if
the defendant was ordered to pay restitution and can inform you as to whether or
not the defendant has made any payments, and to whom.
- If the defendant is on probation, the probation officer will be responsible for
monitoring the offender’s restitution payments. If restitution was ordered and you
have not received a payment, call the offender’s probation officer at the Department
of Correctional Services at (515) 242-6680.
If payment is still not made, victims may ask the Polk County Attorney or probation
officer to schedule a contempt of court hearing. A hearing can be requested at any
time.
At the review hearing, the judge has the following three (3) options:
- Hold the offender in contempt of court;
- Extend the offender's probation period to allow more time for payment; or
- Revoke the offender's probation and have the offender serve the remainder of his/her
time in jail or prison.
If the offender was sent to prison, a portion of his/her wages and income may be
used to pay restitution. If the offender has been released from prison, he/she will
be held responsible for paying the rest of the restitution during the supervised
parole period. If the offender fails to make payments, the parole can be revoked,
causing the offender to return to prison for the remainder of his/her sentence.
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How Can I Collect Restitution If The Defendant Is No Longer Under The Court's Supervision?
If the sentencing order was issued after July 1, 1992, the order is automatically
considered a “Confession of Judgment”. A confession of judgment
is a civil order that is considered a judgment or lien against the offender. 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.
A civil judgment does not automatically result in collection of money from the
offender. Some options for collecting are seizing wages, property,
bank accounts and other assets. Collecting the restitution can cost $50 in court
fees or more, so you should consider the amount of unpaid restitution and whether
the offender has the ability to pay.
Although it is not required, you may want to hire a private attorney. For a fee,
an attorney can help you locate the offender’s money or property and collect the
restitution from the offender’s bank account or wages. If you want to collect the
money yourself without an attorney, the Clerk of Court can provide more information
on the forms which need to be filed and the fees charged.
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What If The Offender Is A Juvenile?
In some juvenile cases, a juvenile offender’s parents can be held responsible for
their child’s debt up to $2000. A separate civil action would need to be brought
against the parents which can usually be handled in Small Claims Court. Again, the
Clerk of Court’s office can provide the forms. There will be a filing fee.
What Is The Difference Between Restitution And Compensation?
Restitution is only available if the offender is convicted of a
crime and restitution is ordered by the court. Restitution can be ordered for
all your expenses related to the crime, including property losses.
Restitution is paid by the offender.
Compensation refers to financial assistance provided by the Attorney
General’s Office for victims of violent crimes. You need to get an application from
the Iowa Crime Victim Compensation Program. In all cases, you
must file a compensation claim within two (2) years of the injury or within two
(2) years of discovery in cases of child sexual abuse. The Crime Victim Compensation
Program does not pay for property losses.
You should always seek restitution and file a claim for compensation.
You may have trouble collecting restitution from the offender, or you may not be
eligible for compensation, so it is a good idea to pursue both at the same time.
If the program pays your expenses and the offender also pays you restitution for
the same expenses, you must reimburse the Crime Victim Compensation Program for
the amount the program paid.
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Civil Remedies
Victims of crime may want to consider civil litigation, in addition to seeking restitution
and victim compensation for crime related damages, as well as psychological trauma,
pain and suffering, or loss of consortium. Several types of civil suits may be possible,
including premise liability, uninsured/under-insured automobile coverage, and dram
shop liability.
To determine if civil litigation is possible in your case, you must contact a private
attorney who will review the case. Most private attorneys work on a contingent fee
basis. If the attorney accepts the case on a contingent fee basis, and you are not
successful in recovering civil damages, you are not required to pay attorney fees.
If you are successful, you will pay the attorney 25%-40% of the settlement for their
fees.
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Resources
|
Iowa Crime Victim Compensation Program |
(800) 373-5044 |
|
Statewide Lawyer Referral Service |
(800) 532-1108 |
|
Polk County Clerk of Court |
(515) 286-3765 |
|
Polk County Attorney's Office |
(515) 286-3737 |
|
Polk County Probation/Parole Office |
(515) 242-6680 |