Restitution is the repayment of financial losses to the victim in a criminal case by the defendant. Restitution cannot be ordered until the defendant either pleads guilty or is found guilty at trial and the court decides the sentence. The District Attorney’s Office is responsible for providing the court documentation about the amount of restitution owed to a victim in the criminal case. An order for restitution may be issued by the court to hold offenders accountable for financial losses they caused to the victim of their crime as determined by Colorado Revised Statue 18-1.3-603
To begin the process, a request for restitution must be filed with the District Attorney’s Office along with documentation of losses. (link to restitution statement). The judge can only consider losses directly caused by the crime and it is important to provide the District Attorney with documentation of the loss.
Restitution may be sought for reimbursement of medical expenses, replacement or repair of damaged property, loss of work, insurance deductibles and other expenses associated with the crime. It cannot be sought for pain and suffering, punitive damages, loss of future earnings or expenses covered by insurance.
The defendant has an opportunity to question the restitution being requested and may ask the court for a restitution hearing. A victim (if a business is the victim, a representative) may be subpoenaed to testify if the court orders a hearing. Any documents or statements provided for the purposes of restitution can be obtained or viewed by the defendant and the defendant’s attorney.
When the final amount of restitution is decided by the court, the defendant will be required to make restitution payments. Even when ordered by the court, restitution is not immediate payment and is not guaranteed. Once a specific amount of restitution is ordered by the court, the defendant will be required to pay in to a registry of the Court Clerk’s Office (not the District Attorney’s Office) and responsibility for collection of the restitution lies with the judicial department. Payments will be made by the court to the victim.
If the defendant is sentenced to probation, Community Corrections or is released from the Department of Corrections on parole, these agencies may be supervising the defendant’s payment of restitution. Since restitution may be paid over a period of time, it is important that you keep your contact information updated with the Court Clerk’s Office.
A victim has the right to pursue a civil case against the defendant to recoup losses related to the crime regardless of the outcome of the criminal case.
It is important that victims keep the District Attorney’s Office and the court informed about any change in address, phone or other contact information.
If the defendant fails to make timely payments of restitution, further steps can be taken including wage garnishment, assessment of late fees and other measures outlined in the Restitution FAQ.
COURT CLERK CONTACTS FOR RESTITUTION
Adams County Justice Center Misdemeanors and Traffic Cases (303) 654-3266.
Adams County Justice Center Felony Cases (303) 835-5720.
Broomfield County Justice Center All Cases (720) 877-2157.
Restitution Statement Form View/Download
To replace or repair damaged property
Out of pocket expenses
Insurance deductibleRestitution will not be ordered for:
Pain and suffering
Loss of consortium
Loss of future earnings
Expenses covered by insurance
- Complete a Victim Impact Statement or a Restitution Statement. If you did not receive a Victim Impact Statement or a Restitution Statement in the mail when charges were filed, contact the Restitution Division at (303) 659-7720 or an advocate at (303)659-7735.
- Provide documentation of your losses (estimates, receipts, bills etc.)
- Return the Victim Impact Statement or Restitution Statement to the District Attorney’s Office.
DISTRICT ATTORNEY OFFICE MAILING ADDRESSES
Adams County: 1000 Judicial Center Drive, Brighton, CO 80601
Broomfield County: Seven Des Combes Drive, Broomfield, CO 80020
- The Restitution Division forwards all these documents to the deputy district attorney assigned to the case.
- When the defendant pleads guilty or is found guilty at a trial, the deputy district attorney can request that the Judge order restitution on your behalf.
- The defendant is not required to repay the financial damages of their crime unless a judge orders them to do so.
- Restitution is collected from the defendant by the Court Clerk’s Office.
- The Court Clerk’s Office will forward restitution payments to you.
- The probation or parole department generally supervises the defendant’s payment of restitution.
- The defendant might be allowed to make payments. This could extend the time it takes to receive payment in full.
- It is important to keep your contact information updated with the Court Clerk’s Office to receive restitution payments that are made.
If you need help completing a Restitution Statement contact the Restitution Division at (303)659-7720.
For information regarding restitution payments, contact the appropriate Court Clerk’s Office representative at the numbers listed below.
COURT CLERK CONTACTS FOR RESTITUTION
Adams County Justice Center Misdemeanors and Traffic Cases (303)654-3266.
Adams County Justice Center Felony Cases (303)835-5720.
Broomfield County Justice Center All Cases (720)877-2157.
ADAMS COUNTY COURT CLERK’S OFFICE
1100 Judicial Center Drive, Brighton, CO 80601
BROOMFIELD COUNTY COURT CLERK’S OFFICE
One Des Combes Drive, Broomfield, CO 80020
- Demand for payment
- Late fees assessed
- Further investigation into defendant’s finances
- Wages/assets subject to garnishment or attachment
- Property liens
- Intercept of state income tax refund, lottery winnings, and other monies disbursed by the state
- Referral of account to outside collection agency
- Suspension of driver’s license (traffic related cases)
- Probation revocation proceeding
- Warrant for defendant’s arrest may be issued
- Victim also has the right to pursue collections on his/her own (see below)
If you do choose to pursue collections on your own, you need to notify the court in the criminal case, in writing of your plans. The Court Clerk’s Office can direct you to the appropriate forms that you will need to complete and file with the court where the sentencing hearing is scheduled to be held. (Notice of Intent to Pursue Collections by Victim) Upon receipt of this notice, the court will cease further active attempts to collect restitution, but the collections investigator in the Court Clerk’s Office or the probation department may still assist you in collection efforts.
Once the court has received notice that the victim is pursuing his/her own collection efforts, the victim may apply to the sentencing court for issuance of any of the following that, if provided, shall be done without cost to the victim:
- Certified copies of the transcript of judgment (the order for restitution)
- Attachment of Earnings (pursuant to Section 16-18.5-105(3)(b), C.R.S.)
- Writs of execution, attachment or other civil process to collect upon a judgment pursuant to Article 52 of Title 13, C.R.S.
For further collection remedies, the victim may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes, or consult an attorney. You should routinely advise the Clerk of Court of any payments you have received directly from the defendant or through your own actions to collect if they do not come through the courts.
The victim may also withdraw from pursuing his / her own collection efforts by filing a Notice of Withdrawal of Intent to Pursue Collection by Victim. To withdraw, a notice of such withdrawal must be filed with the sentencing court. The withdrawal notice must state how much restitution, if any, the victim collected along with documentation showing the amount collected.
In some circumstances, both the juvenile and his or her parent(s) or guardian may be ordered to make restitution to the victim. The liability of the juvenile’s parent(s) or guardian is limited by Colorado statute to $25,000.
Department of Corrections
2862 South Circle Drive, Suite 400
Colorado Springs, CO 80906
Division of Adult Parole Supervision
10403 West Colfax
Lakewood, CO 80215
Division of Youth Corrections
3900 South Carr Street, No.81
Denver, CO 80235