The courts may order restitution for a person who qualifies as a victim under the Crime Victims' Rights Act. Under the Crime Victims' Rights Act, victims have the right to seek restitution. It is important for victims who qualify under the Act to submit a victim impact statement to the court. The statement should clearly identify any loss, harm or injury the victim was caused by the criminal act.
The court may also order restitution for a person who does not qualify as a victim under the Act. In this case, the laws may apply differently.
When restitution has been ordered by the courts, the victim will be asked to provide the courts with his/her social security number or tax identification number as part of the restitution process. While it is not mandatory that the victim provide this information, it does help ensure that the proper person receives payment.
Additionally, if the victim's address or phone number changes, the victim should immediately notify the Clerk of Superior Court's office in the county in which the case was disposed, to ensure that the victim continues to receive restitution payments. To find the telephone number for the Clerk of Superior Court in a particular county, click
here.
Finally, even if the court orders the defendant to pay restitution, the victim or the victim's estate may still bring a civil action against the defendant for the damages caused by the criminal act.
Frequently Asked Questions About Restitution