1. Aggrieved parties named as victims in a criminal Restitution Order have an enforceable right to restitution, similar to a judgment holder.
2. Victims can enforce their right to restitution through the civil collection process, including filing a Civil Restitution Lien on the offender’s property.
3. If a party does not qualify as a victim in the criminal action, they may need to pursue a separate civil action for damages.
4. A Restitution Order can be enforced by the state or the named victim(s) and becomes a lien on the offender’s real and personal property once recorded.
5. The debt resulting from the Restitution Order is not dischargeable in bankruptcy, but liens resulting from it cannot attach to homestead property in Florida. 1. A Civil Restitution Lien provides for a judgment lien on the real and personal property of a convicted criminal, lasting for twenty years.
2. It may be enforced by the state, crime victims, and other aggrieved parties, attaching to property obtained after the Restitution Order is entered.
3. Restitution ordered in a criminal action does not preclude recovery of a civil damages award, but restitution is set off from any subsequent civil recovery.
4. The defendant cannot deny the elements of the offense in subsequent civil proceedings if convicted in a criminal action.
5. In order to use this beneficial law, a plaintiff must establish the conviction of the offender, the crime giving rise to restitution, victimization by the crime, and the civil suit being based on the same essential allegations as the criminal suit. – Florida civil courts consider facts established in a criminal court of the same jurisdiction as conclusive and will not re-litigate the events for which the defendant was convicted.
– Collateral estoppel has a powerful effect in a Motion for Summary Judgment and will be granted when there are no genuine issues of material fact.
– A restitution order can be enforced in the same manner as a judgment in a civil action, and the court may enter an income deduction order for unpaid restitution.
– Defendants must notify the court of any changes in address or payors and have the right to protest enforcement of the income deduction order.
– Enforcement proceedings may shift the restitution order to an effective civil judgment, and the defendant is liable for costs and attorney’s fees incurred by the victim in enforcing the order. – The judgment and restitution order need to be recorded.
– A Writ of Execution needs to be obtained from either the Criminal Felony or Misdemeanor department after at least ten days from the entry date of the judgment.
– The judgment needs to be registered with the Department of State to attempt to seize personal property, and it is highly recommended for attempting to seize real estate.
– The Sheriff’s Office has specific requirements that must be met before levying identified personal property owned by the defendant, including providing the original writ of execution, specific levy instructions, proof of ownership, judgment lien certificate(s), creditors’ affidavit, address of the personal property, copy of the final judgment(s), sufficient cost deposit, and a point of contact letter. – The original writ of execution, certified by the Clerk of Court, is required for real property restitution.
– Complete levy instructions with legal description and physical address must be provided.
– A current copy of the warranty deed or quit claim deed, certified by the clerk of court, is necessary.
– A creditors’ affidavit and copy of final judgment(s) are also needed.
– A sufficient cost deposit and point of contact letter with a stamped self-addressed envelope should be included.
https://www.jimersonfirm.com/blog/2013/10/collecting-criminal-restitution-orders-in-florida/
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