Some information - from Wize Guy
The difference between restitution and civil damages
Restitution, as noted above, is ordered by a criminal court after the offender has been found guilty. Civil damages are ordered when someone has won a lawsuit in civil court.
***Victims of crime can obtain both restitution and civil damages. A victim can sue an offender even when the offender has been ordered to pay restitution. ***Civil damages
can include losses not covered by restitution, such as payment for pain and suffering, payment for intentional infliction of emotional distress, and even punitive damages-damages imposed just to punish the defendant.
Usually a civil judgment is decreased by the amount of restitution that the victim has already received for a loss.
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Courts may order full or partial restitution
When courts order restitution, they look not only at the victim's losses but also at the offender's ability to pay. In some states, the court may reduce the total amount of restitution ordered if the offender is unlikely to be able to pay that amount. In other states, courts will order the offender to pay for the full amount of the loss, but then set a payment schedule based on the offender's finances, which may only be a minimal amount per month.
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Collecting restitution
Collection of restitution is often limited by the offender's ability to pay. As a result, many victims wait years before they receive any restitution, and they may never receive the full amount of restitution ordered.
Collection also depends on enforcement of the court's order of restitution, either by the criminal justice system or the victim. There are many laws and procedures used to make sure the offender pays as ordered.
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In those states with prison work programs, restitution payments are typically collected out of the wages of those programs. Some states collect restitution from state income tax refunds, prisoner accounts, lottery winnings, or damage awards from lawsuits against the prison.
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Where the offender has not paid restitution as ordered-has "defaulted" in payment-restitution often can be collected by the same methods used to enforce other court judgments, such as attachments of assets or garnishment of wages. In some states, the victim is authorized to take these actions; in other states, enforcement is up to the prosecutor, the court, or another official.
[*note: in regards to the Murray trial, it has been reported that the Jackson family ultimately decided to withdraw the restitution request in its entirety]
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Many states provide that restitution orders become civil judgments . This expands the ability of victims to collect restitution and also means the orders can stay in effect for many years, typically ten to twenty years. In many jurisdictions, civil judgments can be renewed, so they can stay in effect even longer. During that time, the offender's financial circumstances may change: he or she may have inherited property, won a legal judgment, or become employed. Depending on the state, the civil judgment may be enforceable immediately, or enforceable when the offender defaults on payment, or enforceable only after the criminal justice process is completed and the offender has been released from probation, prison, or parole. A victim may need to hire an attorney to help enforce the civil judgment.
[*note: in California, restitution orders are not dischargeable in bankruptcy, nor are there any statutes of limitations. **No need exists to convert restitution orders to civil judgments.]
http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=38596
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http://www.vcgcb.ca.gov/restitution/restitutiondefined.aspx