Collecting Restitution

1. Obtain a “certified copy” of the Judgment of Sentence and the Restitution Order from the Clerk of the Court that issued the sentence in the criminal case.
2. Take the certified copy of the Judgment of Sentence and a certified copy of any separate Restitution Order to the Register of Deed’s office, along with any legal descriptions or addresses of property owned by the defendant.
3. Record the lien in the county where the property is located.  There is a small fee to obtain a certified copy of the Judgment of Sentence and a small fee to record the documents at the Register of Deeds.

A Judgment of Sentence containing the restitution order can be used to collect payments from the defendant’s wages or other income paid to the defendant on a regular basis (examples:  land contract payments, rent, or other contract payments).  Use the Request and Writ for Garnishment (Periodic), SCAO Form MC 12 to collect this type of income.  This form should be filed in the court that issued the Judgment of Sentence.

The “Case Number” is the same court docket number used in the original criminal or delinquency case.  In the box that requests the “Plaintiff name and address” place your name and address and the words, “Criminal (or Delinquency) Case Victim”.

There is no fee for filing of the request and Writ for Garnishment.  The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution.

The Judgment of Sentence containing the restitution order may be used to collect payments from the defendant’s checking, savings, or other account.  Use the Request and Writ for Garnishment (Non-Periodic), Form MC 13.  This form should be filed in the court that issued the Judgment of Sentence.  The “Case Number” is the same court docket number used in the original criminal or delinquency case.  In the box that requests the “Plaintiff name and address” place your name and address and the words, “Criminal [or Delinquency] Case Victim”.  More instructions may be obtained from the Self-Help Center of the Michigan Courts website www.courts.mi.gov.  (Michigan’s One Court of Justice)

There is no fee for the filing of the request and Writ for Garnishment.  The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution.

The Judgment of Sentence containing the restitution order may be used to collect payments from the defendant’s income tax refund or credit if there is one available.  Use the Request and Writ for Garnishment (Income Tax/Credit), Form MC 52.  This form should be filed in the court that issued the Judgment of Sentence.  The “Case Number” is the same court docket number used in the original criminal or delinquency case.  In the box that requests the “Plaintiff name and address” place your name and address and the words, “Criminal [or Delinquency] Case Victim”.  More instruction may be obtained from the Self-Help Center of the Michigan Courts website, www.courts.mi.gov.  (Michigan’s One Court of Justice)

You may only garnish the defendant’s Michigan Income Tax Refund or Credit with this form.  You may not garnish the defendant’s Federal or Local Income Tax Refund or Credit.  Form MC 52 may be used each year until the restitution is fully paid.

There is no fee for the filing of the Request and Writ for Garnishment.  The Crime Victim’s Rights Act provides that the court shall not impose a fee on a victim or victim’s estate for enforcing an order of restitution.  MCL 780.766(20).

Remember that the restitution order remains in effect until it is fully satisfied.  This means that the restitution may be collected from the assets of the defendant’s estate after his or her death.  To do this, file a Statement and Proof of Claim – Form PC579 in the Probate Court of the county in which the defendant died.