RESTITUTION COLLECTION METHODS -- AFTER PROBATION
To the Victim:
An order of restitution entered in a criminal case remains effective until it is satisfied in full. MCL 780.766(13). If probation has ended and you are still owed money under the restitution order, there are several ways you can attempt to collect some or all of the money that is still owed to you. This letter and its attachments will give you some of the forms necessary to attempt collection. These forms are designed to be completed by you without the assistance of an attorney. You may also contact a private attorney for assistance in collecting the remaining restitution.
An order of restitution is a judgment and lien against all property of the defendant. MCL 780.766(13). Here are some of the ways you can collect the restitution ordered by the court. These instructions are designed to help you begin to collect any remaining restitution owed to you; they are not necessarily complete instructions for each and every collection question that may arise. Please consult with the Prosecutors Office or with a private attorney if you have further questions.
RECORD THE LIEN
The Judgment of Sentence contains the restitution order; it is a judgment and lien. This can be recorded at a County Register of Deeds where the defendant owns property. The Judgment of Sentence acts as a lien against the defendant’s real property and can be satisfied out of the value of any of the defendant’s real property when it is sold or transferred.
First, obtain a Certified Copy of the Judgment of Sentence from the Clerk of the Court that issued the sentence in the criminal case. Take a Certified Copy of the Judgment of sentence and a Certified Copy of any Separate Restitution Order to the Register of deeds office, a completed Notice of Lien / Victim Identification Form and any legal descriptions or addresses of property owned by the defendant. Record the lien in the county where the property is located. There is a small fee to obtain a certified copy of the Judgment of Sentence and there is also a small fee to record the documents at the Register of Deeds.
GARNISH THE DEFENDANT’S WAGES OR OTHER INCOME
The Judgment of Sentence contains the restitution order; it is a judgment and lien that can be used to collect payments from the defendant. Payments may be collected from the defendant’s wages or other income paid to the defendant on a regular basis such as land contract payments, rent, or other contract payments. Use the Request and Writ for Garnishment (Periodic), Form MC 12 to collect this type of income; this form should be filed in the court that issued the Judgment of Sentence. For example, a Lapeer County Circuit Court Case would be filed in the 40th Judicial Circuit. A garnishment that is based upon a District Court case would be filed in the 71A District Court. The “Case No.” is the same number as the one given to the case in the criminal case. In the box that requests the “Plaintiff name and address”, place your name and address and the words, “Criminal Case Victim”.
One copy of this form is attached to this package with instructions for its use. Further assistance may be obtained from the Self-Help Center of the Michigan Courts website, www.courts.mi.gov. A copy of the instruction for wage garnishment is included in this packet.
There is no fee for the filing of the Request and Writ For Garnishment. The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution. MCL 780.766(20).
GARNISH THE DEFENDANT’S MICHIGAN INCOME TAX REFUND OR CREDIT
The Judgment of Sentence containing the restitution order may be used to collect payments from the defendant’s income tax refund or credit if there is one available. Use the Request and Writ for Garnishment (Income Tax Refund/Credit), Form MC 52; this form must be filed in the court that issued the Judgment of Sentence. For example, a Lapeer County Circuit Court case would be filed in the 40th Judicial Circuit. A garnishment that is based upon a District Court case would be filed in the 71A District Court. The “Case No.” is the same number as the one given to the case in the criminal case. In the box that requests the “Plaintiff name and address”, place your name and address and the words, “Criminal Case Victim”.
You may only garnish the defendant’s Michigan Income Tax Refund or Credit with this form. You may not garnish the defendant’s Federal or Local Income Tax Refund or Credit.
This form may be used each year until the restitution is fully paid. One copy of this form is attached to this package with instructions for its use. Further assistance may be obtained from the Self-Help Center of the Michigan Courts website, www.courts.mi.gov.
There is no fee for the filing of the Request and Writ For Garnishment. The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution. MCL 780.766(20).
GARNISH THE DEFENDANT’S CHECKING, SAVINGS, OR OTHER ACCOUNT
The Judgment of Sentence containing the restitution order may be used to collect payments from the defendant’s checking, savings, or other account. Use the Request and Writ for Garnishment (Non-Periodic), Form MC 13 to collect this type of income; this form should be filed in the court that issued the Judgment of Sentence. For example, a Lapeer County Circuit Court Case would be filed in the 40th Judicial Circuit. A garnishment that is based upon a District Court case would be filed in the 71A District Court. The “Case No.” is the same number as the one given to the case in the criminal case. In the box that requests the “Plaintiff name and address”, place your name and address and the words, “Criminal Case Victim”. One copy of this form is attached to this package with instructions for its use. Further assistance may be obtained from the Self-Help Center of the Michigan Courts website, www.courts.mi.gov.
There is no fee for the filing of the Request and Writ For Garnishment. The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution. MCL 780.766(20).
Remember that the restitution order is in effect until it is fully satisfied. This means that the restitution may be collected from the estate of the defendant as well as from the assets of the defendant when he/she is alive. Hopefully, one or more of these methods will help you in collecting any remaining restitution owed to you after the defendant is no longer under court ordered custody or probation.
Sincerely,
Byron J. Konschuh,
Lapeer County Prosecuting Attorney