Restitution

FAQs

1. How does the restitution process work?

   The District Attorney is in charge of telling the court how much money the victim should get in a criminal case. This can be done through a victim impact statement, testimony during the trial, or by the victim speaking at a restitution hearing. To share your losses, fill out and send back the victim impact statement you got in the mail along with any documents showing your losses (like estimates, bills, or receipts). If you haven't received a victim impact statement, call our Restitution Coordinator at (970) 498-7202. Once you send it back, the District Attorney, the defendant's lawyer, and the court will all get a copy. It's important to let the District Attorney's Office know your situation, whether you've had losses or not, to make sure the right amount of money is ordered by the court.

2. How will I know if restitution was ordered and when I will receive payments?

   You will receive a copy of the signed restitution order following the final sentence of a criminal court case. If you have questions regarding what the court's final order of restitution was, you may contact the Restitution Coordinator at (970) 498-7202. For information regarding restitution payments, contact a collections investigator with the court at (970) 494-3530.

3. I'm not sure the court has my correct address. What should I do?

   It's really important that the Court Clerk's Office has your current address so they can send you the restitution check as soon as possible once they get the money from the person who owes it. It's up to you to let the court know if your address changes. To update your contact details, please send your name, new address, a contact phone number, and the case number for which you are receiving or waiting for restitution to: [Court Clerk's Office address where the sentence was given].

   Find contact information for a specific court

4. What happens if a defendant fails to make a payment?

   The Eighth Judicial District Collections Department enforces, and collects restitution, fines, and costs ordered by the court. If a defendant fails to make timely payments, the Collections Department, by courts authority, can take various measures in obtaining restitution, fines, and costs that have been ordered. These include, but are not limited to the following:

   • Demand for payment
   • Late fees assessed
   • Further investigation into defendant's finances
   • Wages/assets subject to garnishment or attachment
   • Property liens
   • Intercept of state income tax refund, lottery winnings, and other monies disbursed by the state
   • Referral of account to outside collection agency
   • Suspension of driver's license (traffic related cases)
   • Probation revocation proceeding
   • Warrant for defendant's arrest may be issued
   • Victim also has the right to pursue collections on his/her own

5. What if I want to pursue restitution collections on my own?

   According to Colorado law, as a victim, you have the right to seek restitution from the defendant in a criminal case just like collecting a civil judgment (C.R.S. 16-18.5-107). Please contact the court to confirm the procedures.

   If you decide to pursue collections on your own, you must notify the court in the criminal case in writing about your intention. The Court Clerk's Office can guide you to the proper forms (Notice of Intent to Pursue Collections by Victim) which need to be filled out and filed with the court where the sentencing hearing is set to be held. Once the court receives the notice, they will stop active attempts to collect restitution, but the Collections Investigator in the court or probation department may still help you in your collection efforts. After the court is notified that you're pursuing your own collection efforts, you may apply to the sentencing court for certain services such as:

   • Certified copies of the Transcript of judgment (the order for restitution)
   • Attachment of Earnings (pursuant to Section 16-18.5-105(3)(b), C.R.S.)
   • Writs of execution, attachment, or other civil process to collect upon a judgment pursuant to Article 52 of Title 13, C.R.S.

   For further collection remedies you may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes, or consult with an attorney. You should inform the Clerk of Court regularly about any payments you receive directly from the defendant or through your own actions if they don't come through the courts.

   You may also withdraw from pursuing your own collection efforts by filing a Notice of Withdrawal of Intent to Pursue Collection by Victim. The notice of withdrawal needs to be filed with the sentencing court. It should state how much restitution, if any, you've collected along with documentation showing the amount collected.

   In certain situations, both the juvenile and their parent(s) or guardian may be ordered to make restitution to the victim. However, the liability of the juvenile's parent(s) or guardian is limited by Colorado statute to $25,000.

6. What if I find that the amount of restitution needed increases after sentencing?

   Under Colorado statutes, the court's power to impose restitution is limited. The court can order restitution increased only if the final amount of restitution due has not been set by the court yet. If you need to ask that the restitution be increased, please contact the Restitution Coordinator immediately at (970) 498-7202 and ask for assistance with this matter.

7. How do I find out about restitution when the defendant is sent to prison?

   When defendants are sentenced to a correctional institution, the responsibility for collection of restitution transfers to the Department of Corrections (for adults) and the Division of Youth Corrections (for juveniles). To find out the status of restitution collection efforts being undertaken, please contact the appropriate department listed below:

   Department of Corrections
   2862 South Circle Drive, Suite 400
   Colorado Springs, CO 80906 
   (719) 269-4039
   Fax: (719) 269-4050

   Division of Adult Parole Supervision
   10403 West Colfax
   Lakewood, CO 80215
   (303) 238-5967
   Fax: (303) 238-0170

   Division of Youth Corrections
   3900 South Carr Street, No.81
   Denver, CO 80235
   (303) 987-4618
   Fax: (303) 987-4614