What restitution is and who has to pay it
Restitution is money a court orders someone to pay to a victim as part of a criminal sentence. It covers losses the victim suffered because of the crime — stolen property, medical bills, therapy costs, lost wages, or damage to belongings. The defendant pays the victim directly, not the court, though the court supervises the arrangement and can enforce it if payments stop.
A judge decides whether restitution is required and how much, usually at sentencing. The victim does not have to ask for it, though they can tell the court about their losses. Some states make restitution mandatory for certain crimes; others leave it to the judge's discretion. The amount depends on what the victim actually lost, not on the defendant's ability to pay — though a judge can set a payment plan if the defendant cannot pay in full when ready.
Restitution is separate from fines (which go to the state) and from civil lawsuits (which a victim can file independently). A victim can pursue both restitution through the criminal case and a separate civil claim for additional damages.
Key Takeaways
- Restitution is ordered by a criminal court judge and requires the defendant to pay the victim for losses caused by the crime.
- The amount is based on the victim's actual losses, and the judge can create a payment plan if the defendant cannot pay all at once.
- Payments go directly to the victim or through a court-managed account, and the court can enforce the order if payments are missed.
- Restitution is mandatory in some states for certain crimes and discretionary in others, but a victim can always request it at sentencing.
- Restitution does not prevent a victim from filing a separate civil lawsuit for additional damages beyond what the court orders.
How the court sets the restitution amount
The judge bases the restitution order on documented losses. The victim or the victim's attorney presents receipts, medical records, repair estimates, or wage statements showing what the crime cost. The defendant's attorney can challenge the amount or argue that certain losses were not caused by the crime. The judge then decides what is reasonable and directly connected to the offense.
If the victim's losses are unclear or disputed, the judge may order a restitution hearing — a separate proceeding where both sides present evidence. Some courts calculate restitution at sentencing; others set a preliminary amount and adjust it later as bills arrive. A victim who discovers new losses after sentencing can sometimes request that the court add them to the order, depending on state law and how much time has passed.
The defendant's income and assets do not determine the amount, only the payment schedule. A judge might order $10,000 in restitution but allow the defendant to pay $200 per month over several years. If the defendant's financial situation improves, the victim or the court can request that payments increase.
Payment methods and who receives the money
Restitution can be paid directly to the victim, through the court, or through a probation or parole officer. The court order specifies where payments go. Some jurisdictions use a centralized restitution account that collects payments and distributes them to victims; others require the defendant to pay the victim directly and submit proof to the court.
If the defendant is incarcerated, restitution may come from prison work earnings, outside income, or family members paying on the defendant's behalf. Some states allow a portion of prison wages to be automatically directed toward restitution. After release, the defendant typically continues payments through probation or parole supervision.
A victim can contact the court, the probation department, or the district attorney's office to find out the payment status and where to send questions. Many courts now use online portals where victims can track whether payments have been received.
What happens if the defendant does not pay
If the defendant misses payments, the court can hold a violation hearing and impose consequences. These may include extending probation or parole, increasing the payment amount, or — in some cases — returning the defendant to jail. The court can also report unpaid restitution to credit agencies, which affects the defendant's credit score and ability to borrow money.
Some states allow restitution to be collected through wage garnishment, meaning the defendant's employer is ordered to send a portion of each paycheck directly to the victim. Tax refunds can also be intercepted and applied to restitution debt. These enforcement tools vary by state and by the terms of the original order.
A victim does not have to pursue enforcement themselves — the probation or parole officer and the court handle that. However, a victim can notify the court if payments have stopped and request that enforcement action be taken.
Restitution and bankruptcy
Restitution orders cannot be erased through bankruptcy. If a defendant files for bankruptcy, restitution debt remains and must be paid even after other debts are forgiven. This is one of the few debts that survives bankruptcy, along with child support and certain tax obligations.
A defendant cannot use bankruptcy to reduce or delay restitution payments. However, if the defendant's financial situation changes dramatically — such as permanent disability or job loss — they can request that the court modify the payment plan, though the total amount owed does not change.
Restitution versus civil lawsuits
Restitution through the criminal case and a civil lawsuit are separate paths, and a victim can pursue both. Restitution is faster because it is decided as part of the criminal sentence, usually within months. A civil lawsuit takes longer but may recover more money because it can include pain and suffering, emotional distress, and punitive damages — categories that restitution does not cover.
If a victim wins a civil judgment and the defendant also owes restitution, the victim can collect from both sources. However, if the defendant has limited assets, the victim may need to prioritize which debt to pursue first. Some states have victim compensation programs that pay certain losses while the victim waits for restitution or pursues a civil claim.
Restitution for different types of crimes
Restitution applies to many crimes: theft, robbery, assault, property damage, fraud, and identity theft. The types of losses covered depend on the crime. In a theft case, restitution covers the value of stolen items. In an assault case, it covers medical bills and therapy. In a fraud case, it covers money the victim lost.
Some states require restitution for all felonies; others make it discretionary. A few states have mandatory restitution for specific crimes like domestic violence or DUI. The victim's role in requesting restitution also varies — in some places, the prosecutor raises it automatically; in others, the victim must speak up at sentencing.
Frequently Asked Questions
Can a victim request restitution if the defendant was not convicted?
Restitution is part of a criminal sentence, so it requires a conviction or guilty plea. If the defendant was acquitted or the charges were dropped, restitution through the criminal case is not available. However, the victim can file a civil lawsuit against the defendant to recover losses, which does not require a criminal conviction.
What if the defendant dies before paying restitution?
Restitution obligations can pass to the defendant's estate in some states, meaning the victim may be able to collect from the defendant's assets after death. However, this varies by state law and the terms of the original order. A victim should contact the court or district attorney's office to learn what options exist in their jurisdiction.
Can restitution be modified after sentencing?
Yes. If new losses are discovered or if the defendant's financial situation changes significantly, either the victim or the defendant can request that the court modify the restitution order. The court can increase the amount if new bills arrive, or adjust the payment schedule if the defendant becomes unable to work. The total amount owed does not usually decrease unless the victim agrees.
How long does the defendant have to pay restitution?
There is no set time limit. Restitution can extend for years or decades, depending on the amount owed and the payment plan. Payments typically continue through probation or parole and may extend beyond that. Some states allow restitution to be collected indefinitely until the full amount is paid.
Does restitution show up on the defendant's credit report?
Unpaid restitution can be reported to credit agencies and appear on the defendant's credit report, similar to other unpaid debts. This affects the defendant's ability to borrow money or rent housing. Once restitution is paid in full, it should be removed from the credit report, though the victim may need to request this formally.