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How Does a Restitution Order Become a Civil Judgment?

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How Does a Restitution Order Become a Civil Judgment? What is Restitution? home until he or she pays the judgment. A has been docketed. It is up to you to enforce Restitution is the money a Judge may order civil judgment may also become a lien on the judgment/lien. Court Administration an offender to pay to the victim of a crime. any real estate currently owned by the will not take any further action to enforce A restitution order is part of the Court’s offender in this county. If the property is your judgment. criminal sentence of an offender. The sold during the lifetime of the judgment, the amount of restitution must be based on the purchaser may not obtain clear title unless How is a Civil Judgment Collected? victim’s verified losses that were the result of the lien is paid. You may have to take the offense and the offender’s ability to pay. further action to secure payment under these Obtaining a civil judgment does not circumstances. automatically result in collection of the What is a Civil Judgment? money from the offender. A civil judgment is a final court decision and How is a Civil Judgment Docketed? order resulting from a civil lawsuit, often The Affidavit of Identification of Judgment Collecting restitution can cost in excess of requiring one of the parties to pay a specific Debtor must be filed with Court $57 in court fees. Therefore, you should sum of money to the other party. Civil Administration. Court Administration can consider the amount of unpaid restitution judgments are different and separate from help answer questions however they cannot and whether the offender has the ability to criminal prosecutions. Minnesota law has give you legal advice or help fill out forms. pay. Collection matters can be complicated. simplified the process for crime victims. If you need information on the offender, you Although it is not required, you may want to A civil judgment is enforceable for 10 years can come to Carver County Court hire an attorney to attempt to collect the and can be renewed. Administration and they will direct you to a money. location that you can look for the needed How Does a Restitution Order information. The form can be located at To collect the money on your own without Become a Civil Judgment? www.mncourts.gov/forms. Form Number an attorney, you will need to know where the JGM104. An Affidavit of Identification of Judges can order the restitution converted offender works, has a bank account, or other Judgment Debtor may be filed in person or into a civil judgment if the offender has not assets. If you know where the offender by mail at: paid in full and the offender’s probationary works or has a bank account, you may order Carver County Court Administration period is expiring. Crime victims can file an a Writ of Execution from Court Government Center, Justice Center Affidavit of Identification of Judgment Administration for a fee. A Writ of 604 East Fourth Street Debtor along with a copy of the Restitution Execution is a legal document authorizing Chaska, MN 55318-2188 Order to start the Civil file for the amount the Sheriff to collect money from the owed to them. This process can be done offender’s wages (garnishment) or bank If filing by mail, be sure to include a cover immediately after the Order for Restitution account. The Writ of Execution must be letter stating that you are filing these has been Ordered. issued in the county where the bank or documents to docket a civil judgment. It is employer is located. The Sheriff’s Office helpful to include a copy of the Restitution will serve the Writ of Execution for a fee. What is the Advantage of a Civil Order. Judgment? If the employer or bank account of the Once a civil judgment is docketed, it can The fees for docketing a civil judgment, offender is not known, you may file a appear on an offender’s credit record. The which result from a restitution order, are Request for Order of Disclosure with the judgment may prevent the offender from waived by law for crime victims. You will be Court. being able to finance a car or buy a new sent a final copy of the civil judgment once it This form can be located at What Happens When Some or www.mn.courts.gov/forms. You must wait All of the Debt is Collected? Restitution 30 days after the judgment has been entered ____________________________________ to file this form. If the judgment is paid in full or in part by the offender, it is your obligation to file a The Court will issue the Order for Disclosure Satisfaction of Judgment or Partial Collecting and mail it to the debtor (the offender) along Satisfaction of Judgment. This form can be with a Financial Disclosure Form. The located at www.mn.courts.gov/forms. A Civil Judgments debtor is allowed 16 days to complete this Satisfaction of Judgment must be filed with Resulting form and return it to you. It is your the Court along with a fee. This must be responsibility to supply the Court with a done within 10 days if paid in cash or within from current address for the offender. 30 days if paid by check. Restitution Orders If no response is received from the offender, Important Phone Numbers: an Affidavit in Support of An Order to Show ____________________________________ Cause may be filed and a court hearing Carver County Attorney’s Office scheduled. A judge will issue an Order to (952) 361-1400 Show Cause which directs the offender to appear in court on the date indicated. It is Carver County Court Administration your responsibility to see to it that the (952) 361-1420 offender is personally served with the Order to Show Cause. The Carver County Sheriff’s Carver County Sheriff’s Office Office will serve this document for a fee or (952) 361-1212 anyone other than you may also serve it. The Affidavit in Support of An Order to Show Carver County Court Services CARVER Cause must be served on the debtor (952) 361-1460 personally. It cannot be left at his/her COUNTY residence with anyone else. The debtor will The information in this brochure is not be required to appear at the hearing and intended as legal advice, but as a general guide ____________________________________ complete the Financial Disclosure form or to assist you. If you have further questions provide a good reason for not doing so. If about your rights, please contact a private the debtor fails to appear, the Judge may attorney. Please be advised that time Carver County Attorney issue a Writ of Attachment which is a warrant limitations apply to the commencement of civil Mark Metz for the debtor’s arrest. There is a fee for actions and enforcement of civil judgments. Failure to abide by legal time limits may 604 East Fourth Street issuing the Writ of Attachment. There is also Chaska, MN 55318-2191 a fee charged by the sheriff for serving the prevent you from collecting the money you are Writ of Attachment on the debtor. owed. (952) 361-1400 Revised 9/2017 .
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