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Victim Restitution FAQ'S

NOTE: These questions and answers below only apply to circuit court felony cases prosecuted by the Commonwealth's Attorney's Office in Jefferson County.

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What is restitution?
Am I eligible for restitution?
I'm not sure the court has my current address. What you should do?
When will I receive my restitution payment?
Can the amount of restitution be increased after sentencing?
What should I do if the defendant does not pay restitution in a timely manner?

What is restitution?
Restitution is the repayment or reimbursement that is made to someone who suffers a loss due to the wrongful actions of another.

Am I eligible for restitution?
A crime victim is eligible to receive restitution if restitution has been ordered by the judge at the conclusion of a criminal case. It is not likely that restitution can be ordered after sentencing in a criminal case is concluded. It is so important to get the exact total as early as possible to the Assistant Commonwealth's Attorney prosecuting the case.

I'm not sure the court has my correct address. What should I do?
It is absolutely imperative that the Circuit Court Clerk has your correct address so that payments, once received from the defendant, can be sent as a restitution check to you as quickly as possible. It is the responsibility of the victim to notify the Circuit Court Clerk, in writing, of any change of address information. To update your information, please mail your name, new address, a contact phone number, and the case number for which you are receiving or awaiting restitution to:

Jefferson Circuit Court Clerk
Accounting Department
Hall of Justice
600 W. Jefferson Street
Louisville, KY 40202

Or you may update your information electronically by completing the Submit a Claim Form.

When will I receive my restitution payment?
Distribution of restitution that has been collected from the defendant occurs normally within 15 days of the date the payment is received by the Clerk's Office.  Additional time, generally another 15 days, will be required if the collection occurred through a tax refund intercept due to processing related to the Department of Revenue.

Can the amount of restitution be increased after sentencing?
Generally, no. That's why it is so important to get the exact total as early as possible to the Assistant Commonwealth's Attorney prosecuting the case.

What should I do if the defendant does not pay restitution in a timely manner?
If the defendant is on probation, the probation officer should be notified. As soon as an adequate record of non-payment can be shown, the Commonwealth's Attorney's Office will be notified by the probation officer and may take the case back to court so the judge can determine what to do. If the defendant is in prison, no restitution is expected in most cases. If the defendant in on parole, the parole officer should be notified. (The Commonwealth's Attorney's Office has no involvement regarding parolees.)

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