Q: Would a civil restitution lien order automatically be filed by the court or is this something I may have to do?
I was a victim of grand theft. The case dragged out for 3 years and was complex. A plea deal was arranged in which the defendant paid back part of the money and in return there was no probation or ongoing restitution. That was it. The defendant wanted that deal or wanted to go to trial. So D.A and myself decided to take the partial payment. After the conviction I got a check and was never told anything else. That was two years ago. My question is, would there have been a civil restitution order lien filed automatically by the court after the conviction and if so did interest automatically accrue once the court filed the lien. Or Is it possible there was not an automatic civil restitution order and is it something I may be responsible for filing and would interest only accrue after I file the civil restitution order? If there is no clear answer to this with the info I provided would you suggest I contact the clerk of the court or someone else to get some answers. Thanks.
A: Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the plea, you should ask the prosecutor whether the criminal court still has jurisdiction to do anything, since the criminal case was concluded 2 years ago. There are civil remedies for victims of criminal conduct. You may wish to consult a civil attorney to find out if you are able to pursue a civil case at this point. You might want to discuss with the civil attorney whether the statute of limitations would bar a civil suit. The lesson for others is not to wait years to pursue claims. You could have filed a civil suit anytime while the criminal case was pending, under the facts you've set forth. The clerk is not likely going to give you legal advice on any of these issues. Whether a lien was entered can easily be determined by reviewing the clerk's online docket. Best of luck.
Terrence H Thorgaard agrees with this answer
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