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RESTITUTION COLLECTION

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​Once you have obtained a restitution order it is now usually a condition of his or her probation that the defendant makes restitution payments. If the defendant received court probation the defendant will not be assigned a probation officer so do not call the probation department. Only if a defendant receives formal probation will a probation officer be assigned. If a defendant received formal probation you may call the probation department and ask the assigned officer if the defendant is making payments. You may also obtain payment information from the Santa Clara County Department of Revenue (DOR) or the District Attorney’s Office.

In 2007 with a cooperative efforts between the courts, the probation department, and the District Attorneys Office a restitution payment court was established to aid in the collection of victim restitution. Once a defendant is placed on this calendar they are expected to maintain regular payments and to make progress toward paying off their victim restitution obligations. If you have a restitution order and the defendant is making regular payments do not call as there is not too much we can do. However, if you have a restitution order and the defendant is on probation in this county and he or she is not making payments you should call to see if your case qualifies to be added to this calendar.

If you have a restitution order and the defendant was sent to prison (CDCR), they have their own collection system in place. The DOR will not have this account. Even if the defendant has been released from CDCR they now have a collection effort in conjunction the Franchise Tax Board to help victims. The contact information for CDCR is http://www.cdcr.ca.gov/

If you would like information on restitution orders and their collection see this brochure on Enforcing Criminal or Juvenile Court Restitution Orders as Civil Judgments. If you have questions contact the restitution specialist in the District Attorney’s Office Restitution Unit.