Adult Probation >Victim Services

Frequently Asked Questions About Restitution

In Arizona, restitution liens are available to all victims of crime who have been awarded restitution by a Judge.

I have been ordered restitution by the court. Why haven't I been paid?

There are two types of liens:

  1. Liens in which a victim may file on their own (A.R.S. §13-806); OR
  2. Criminal Restitution Orders which the court files (A.R.S. §13-805).

Both are civil judgments and can be filed against a defendant's property or future property, such as home or land, and against currently owned vehicle, such as a car, truck, boat, ATC, etc.

A victim can file a lien once a Judge orders restitution. The victim becomes the lien holder and is responsible for releasing the lien once the restitution is paid in full. For more information about property, victims can access the recorders office via Internet at www.recorder.maricopa.gov.

The Criminal Restitution Order is filed only upon absolute release from the Department of Corrections (parole finished) or upon release of probation. It is not only against property listed above, but once filed, the County Collection Unit can intercept Arizona Income Tax Refunds, lottery winnings, excess from trustee sales, and civil judgment awards. The County Collection Unit may not allow defendants to register their vehicles as well. The unit will also continue to report the lien to all major credit bureaus. After 120 days, the County Collection Unit will outsource a portion of the order to private collectors and eventually garnish wages.

return to top

click here for Self-Service Center