Restitution

THINGS VICTIMS SHOULD KNOW ONCE RESTITUTION HAS BEEN ORDERED

     The Judicial Department of the State of Colorado has developed a Collections Investigator Unit whose primary goals are to collect fines, fees and restitution from defendants.  Collection of ordered restitution is a priority for the Collections Investigator Unit. Please be aware, though, in some cases collection is a long and difficult process. Your patience in working and communicating with us is appreciated.

     Colorado law requires restitution to be paid at the time it is ordered. However, the courts do allow a Defendant to pay over time through a Stay of Execution (delay of payment) from the Collections Investigator.   The Collections Investigator will determine an appropriate payment agreement based upon the defendant’s financial application and a formal interview.  The Collections Investigator will then monitor the defendant’s progress and take appropriate action for nonpayment.

     All restitution money collected by the Court is distributed to the appropriate victim approximately one month after it is received. If a defendant has multiple cases with restitution, the oldest cases will generally be paid first.   

ACTIONS THAT MAY BE TAKEN FOR NON PAYMENT:

• Attachment of Earnings, bank accounts and other assets.
• Attachment of Colorado state income tax refunds due defendants.
• Hearing before Judge with possible revocation of probation and /or jail time.
• Arrest Warrants for non-compliance of terms of probation.
• Restitution cannot be waived or forgiven in the event of bankruptcy.
• Defendants cannot successfully terminate their probation until all assessed amounts are paid. Probation officers work closely with the Collections Unit to ensure recovery is as timely as possible.

FACTORS THAT MAY DELAY RESTITUTION PAYMENTS:

• Defendants may be in jail as part of their sentence. Upon release from jail they may be indigent.
• Defendant may have multiple, older cases to pay first.
• There may be multiple victims receiving restitution before your payment can be made.
• By Colorado Statute, the very first monies received are applied to Victim’s Compensation and Victim’s Assistance fees. (The State of Colorado administers these funds)
• Defendants may be sentenced to the Department of Corrections and then mandatory parole upon release. 20% of all earned income while in the Department of Corrections will be applied to the fee/restitution balance. Parole officers require defendants to pay restitution to successfully complete parole.
• Defendant may be charged in a new offense which could delay or stop payments.
• The defendant may become sick, disabled or have family emergencies that delay payment.
• Defendant may have child support obligations that take precedent over wage garnishments.

WHAT CAN VICTIMS DO TO ASSIST IN THE PROCESS:

• Update the Clerk of the Court with any change in phone numbers or address information.
• There are many factors leading to the successful repayment of restitution. We do appreciate your patience in the collection process.

When we are not successful in our collection attempts, or if a defendant is released from the Department of Corrections with no assigned parole officer, we may refer the restitution/fee balance to a private collection company. The private collection company will continue in earnest to collect the restitution.

Victims may, at any time, take over collection of the restitution by written request.