Compensation for Losses
A crime victim has a right to request restitution for losses incurred as the result of a criminal act. Restitution is the money a judge orders the offender to pay to the victim(s) to compensate for damages and/or losses related to the crime. The amount of restitution ordered by the judge is contingent upon the victim's expenses related to the crime and the offender's ability to pay. However, court ordered restitution does not guarantee payment by the offender.
How to Request Restitution
Requests for restitution should be made in writing prior to the date of the sentencing hearing of the offender. In Clay County, a crime victim who is requesting restitution must complete an Affidavit of Loss form. It is important to keep records and receipts of your out-of-pocket expenses resulting from the crime. Assistance with completing the form and obtaining documentation supporting your losses is available from the Victim / Witness Program.
How Much Restitution Can Be Requested
Restitution may only be requested for out-of-pocket expenses incurred by the victim as the result of a crime. The offender may be ordered to pay you restitution. However, a court order does not guarantee repayment for your losses.
Collecting Court Ordered Restitution From Offenders
Restitution payments are made to the Clay County Court Administrator's Office, which in turn sends a check for the amount paid to the crime victim. It is important that crime victims keep the Victim / Witness Program and/or Clay County Court Administration informed of any address changes.
A crime victim has other options available for collecting court ordered restitution. However, the Victim / Witness Program is not able to assist in any way with these collection efforts:
- Civil Judgment
- Collection Agency / Private Attorney
- Revenue Recapture
- Writ of Execution
The Minnesota Crime Victim Reparations Board helps victims of violent crime with certain expenses that result from the injuries from the crime. The incident must be a crime involving an injury or death and must have occurred in Minnesota. The board does not compensate victims of property crimes or pay for property damaged during a violent crime.
For complete information, as well as an application form, contact the Victim / Witness Program or the Minnesota Center For Crime Victim Services at 888-622-8799.