Requesting Restitution
Restitution is not automatically ordered when a defendant signs a plea agreement with the County Attorney. If a victim wants restitution and it has not been ordered through the court, it is very important a victim makes the request in a timely manner. For restitution to be valid, it must be ordered by a judge and contained on a court minute entry. An Arizona law signed in 2018 gives the probation department jurisdiction to request a restitution hearing for the period of the probation term (A.R.S. § 13-810). If the defendant is sentenced to the Arizona Department of Corrections, Rehabilitation, and Reentry the County Attorney has jurisdiction to request a restitution hearing. If restitution is not ordered and there is no other court stipulation to keep restitution open, the County Attorney can lose jurisdiction. If the defendant is released from probation or parole, jurisdiction no longer exists for the court to order restitution. The only remedy for the victim in both these scenarios is to file a civil claim against the defendant.
Payment of Restitution
After the court determines the amount of restitution, a payment plan will be set up if the individual cannot pay the lump sum. If there is an objection to the amount requested or if the Court or Probation Department are unable to determine an amount, the Court may keep restitution open or set a date for a restitution hearing. Restitution is non-dischargeable through bankruptcy (A.R.S. §13-603).
Restitution Liens
In Arizona, restitution liens are available to all victims of crime who have been awarded restitution by a Judge.
There are two types of liens: Liens that a victim may file on their own (A.R.S. §13-806) and criminal Restitution Orders that the court files (A.R.S. §13-805). Both are civil judgments and can be filed against a defendant's property or future property, such as a home or land, and against currently owned vehicle, such as a car, truck, boat, ATV, etc.
A victim can file a lien once a Judge orders restitution. The victim becomes the lien holder and is responsible for releasing the lien once the restitution is paid in full. A victim wishing to file their own lien can contact the Law Library Resource Center.
The Criminal Restitution Order is filed only upon absolute release from the Arizona Department of Corrections, Rehabilitation, and Reentry (parole must be completed), they have absconded from probation, or upon termination of probation.
Once filed, the County Collection Unit can intercept Arizona Income Tax Refunds, lottery winnings, excess from trustee sales, and civil judgment awards. The unit will continue to report the lien to all major credit bureaus. After 120 days, the County Collection Unit will outsource a portion of the order to private collectors and eventually garnish wages.
