If a person is arrested and successfully prosecuted in your case, you may be eligible for restitution. This is a court-ordered payment made to you as a victim of a crime. Upon conviction, the offender pays out-of-pocket expenses resulting from your victimization.
If the court orders restitution at sentencing, it may consider the offender’s present and future ability to pay. If the defendant has assets, the court may order restitution to be paid immediately or in scheduled payments. In many cases, however, the proceeds of the crime are no longer available, and the defendant does not have sufficient assets to pay restitution. It is possible, therefore, that a victim may not receive restitution.
Other remedies may include a civil suit or small claims court action. Restitution cannot be avoided through bankruptcy.
