Although the judge ordered the defendant to pay you restitution, you will only receive your money if the defendant has the ability to pay.The defendant's ability to pay is dependent upon whether he/she is working, or has other sources of income.
DTACbills the defendant each month. If the defendant fails to pay on a regular basis, the collector assigned to the account will contact the defendant to determine why payment has not been received.If the defendant is working, but refuses to pay, our office will obtain a court order to garnish his/her wages.
If the defendant is not working and has no assets, the account will be referred back to the probation officer or the court for issuance of a court order to have the defendant appear before the judge and explain why payment has not been made.
When the defendant is ordered to pay restitution, state law mandates that a judgment be entered against the defendant.If the court or DTAC is not successful in securing payment, you have the right to pursue the defendant in a civil law suit.You can also file a lien against the defendant by obtaining a copy of the judgment from the court and filing an abstract with the Clerk-Recorder's Office.In addition, you may qualify for reimbursement from the California State Victim Restitution Fund.