I have read that Federal criminal restitution orders and judgments don't expire until they are repaid completely, and when a Federal restitution judgment is not repaid completely at the time of the death of the defendant debtor, their estate can be reached for the unpaid balance. With the goal of collecting money, many criminal restitution judgments are converted eventually to regular court judgments. Civil court judgments eventually expire, yet they can usually be renewed. .
In certain jurisdictions, restitution judgments can be changed after the restitution order is issued. Sometimes the (former) criminal debtor or their attorney can convince a judge they are broke, and the judge may reduce what is owed to the victim. Some restitution judgments or orders, do not specify that a criminal judgment debtor pay interest on the restitution award, so interest cannot be collected.
Many times, the start of a criminal restitution order or judgment recovery attempt is with a probation or parole office, or some other government entity. If the government entity cannot collect all of what's owed, or the probation is over, or for some other reason; any restitution collection will then fall to the victim creditor. Usually, the preferred way to recover money from a criminal restitution judgment is with the civil courts.
Criminal restitution orders are most often "bankruptcy proof". However, for the purpose of collecting money, they are common judgments, as the previous criminal is now a regular debtor. Just like common money judgments, most criminal restitution orders are never recovered. Restitution order collection depends primarily on the available assets of the judgment debtor, and often an attorney or another kind of expert's assistance is needed.
In many jurisdictions, for the original creditor victims or their attorneys, restitution orders can be collected the same way as regular money judgments, including recording an abstract of judgment against the defendant debtor. Although the Rules of Criminal Procedure vary in each state, a popular way to make a criminal restitution order collectable in typical civil courts, is to ask the criminal court to create a certified Order for Restitution and Abstract of Judgment. (In California, Judicial Council Form CR-110/JV-790 is used.) The abstract of judgment is then taken to a civil court where they open a new civil case file, and a fee is often required.
For judgment recovery specialists, who get judgments assigned to them; it all depends on which state. In some states, criminal restitution awards are not assignable, and only a lawyer may collect another person's criminal restitution judgment.
To assign the rights of a criminal restitution order, the proper and/or usual method is to obtain a court order, approving this at the criminal court. Some judgment recovery specialists take a shortcut, and treat criminal restitution orders as if they were regular civil money judgments. That is not completely legal in all states. For example, in California, CCP 680.240 and 673 only covers civil money judgments. There isn't any mention in the California Civil Codes for assigning the creditor victim's rights in a restitution order, which has been issued from the criminal division of the Superior Court.
In some jurisdictions, only lawyers enforce criminal restitution orders and judgments. Certain non-attorney judgment enforcers have successfully recovered criminal restitution judgments in civil court. To do it correctly, contact the local District Attorney's office for specific information on how you may proceed. They can't offer you legal advice because even though they are lawyers, they aren't your attorney. However, they can tell you procedurally what courtroom to visit, to submit your motion, requesting the court to approve an assignment of the criminal restitution order to you.
Most laws are complex, and sometimes conflict with other laws. An example of a law covering Federal criminal restitution judgments is Federal Rule of Civil Procedure 69(a)(1), which mandates that judgments be enforced using writs of execution and "must accord with the procedures of the state where the court is located, to the extent it applies". Another related law is The Federal Debt Collection Procedures Act of 1990 ("FDCPA"), that says "with the exception of conflicting federal law, the FDCPA provides the exclusive civil procedures to collect a judgment".
The FDCPA also says in 28 USC 3003 (d and f), that it "shall preempt state law to the extent such law is inconsistent". How long do Federal criminal restitution judgments last? One example of an "inconsistent state law" is California Civil Procedure Code section 683.020 (1987), which denies enforcement of a restitution judgment after ten years from the entry of that judgment. This "inconsistent state law" has been preempted before, an example is at:
When you're thinking about recovering a criminal restitution judgment, consult with an attorney for anything you aren't sure on. When it comes to criminal restitution judgments and orders, think about also consulting an attorney about what you ARE sure of.
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