Collection of Restitution Orders

If you have been the victim of a crime and either have an order for restitution or are seeking an order for restitution, Kirk & Toberty, Attorneys At Law provides the expertise you need to actually collect the amounts due to you. California Penal Code §1202.4 governs the imposition of restitution in a California criminal case.

The intent of the statute is clearly provided: “It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.” §1202.4(a)(1).

As a victim, you are entitled to compensation, which can include:

• Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
• Medical expenses.
• Mental health counseling expenses.
• Wages or profits lost due to injury incurred by the victim,…. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12 month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
• Wages or profits lost by the victim…. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12 month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
• Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
• Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim.
• Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well being of the victim.

Contact us online or call (949) 416-2215 for a free case evaluation.