(Affidavit for Restitution can be found at the bottom of this page)

What is Restitution?

Restitution is the money a judge orders the offender to pay to the victim to compensate the victim for losses related to the crime. Restitution is part of the offender's sentence or disposition and can be ordered in both adult and juvenile cases after the offender is found guilty or pleads guilty. The amount of restitution ordered by the judge depends on the victim's crime-related expenses and the offender's ability to pay.


Who can Request Restitution?

Victims with out-of-pocket losses resulting from a crime may request restitution. Organizations such as churches, schools, businesses, or government agencies may also be eligible if they sustained a loss due to crime.


What will Restitution Cover?

Restitution may be requested for a victim's out-of-pocket losses that are a direct result of a crime. Eligible expenses may include, but are not limited to:

  • Medical and Dental Bills
  • Counseling Costs
  • Lost Wages
  • Property Losses
  • and Repairing Damaged Property

If the entire amount of the out-of-pocket loss is unknown at the time of sentencing or juvenile disposition, the amount of restitution may be determined at a later date, although restitution should still be requested. Requests may also be made for anticipated expenses, such as ongoing medical or counseling expenses



What Expenses are NOT Covered?

Costs that are not related to the crimes committed by the offender will not be included in a restitution order. A criminal court cannot order restitution payments for:

  • Physical Pain
  • Suffering
  • or Emotional Trauma

Victims seeking financial compensation for these types of losses may wish to hire an attorney to pursue a personal injury claim in civil court against the offender. The offender's financial resources and ability to pay should be taken into account when considering this option.


How to Request Restitution

Requests for restitution should be made in writing using an Affidavit for Restitution form prior to the sentencing or juvenile dispositional hearing. These forms are available at the bottom of this page, or in the prosecutor's office, corrections or probation department, or court administrator. To determine where to submit these forms, contact the victim advocate or prosecutor involved with the case.
Requests for restitution should be supported by copies of documents detailing the victim's expenses including:

  • Medical/Dental Bills
  • Insurance Co-payment Receipts
  • Estimates for Replacing Stolen Items or Repairing Damaged Property
  • Counseling Bills
  • Transportation Expenses
  • Proof of Lost Wages
  • and Other Expenses Directly Related to the Crime


Civil Judgment

Victims can also try to collect restitution through the civil court.  To get the restitution order "docketed," or entered as a civil judgment, the victim must file an Affidavit of Identification of Judgment Debtor with the Court.  The civil judgment creates a lien against the offender/debtor that will show up on credit checks and real estate title searches until the restitution is paid.  The judgment is enforceable for 10 years and can be renewed.

There is no filing fee for victims named in the restitution order.  Once a civil judgment is filed, information about the victim becomes public.  Victims can use the tools available through the civil courts to collect on this judgment, for example, garnishment of wages or bank accounts.  Victims who do not know where the offender works or banks can contact the court administrator to file a Request for Order for Disclosure to obtain the offender's financial information.  A Writ of Execution, also obtained from the court administrator, is used to seize assets to repay the debt.  The local sheriff executes the Writ of Execution for a fee.  Some property may be seized in this way, but many items are exempt from seizure. 

Information and forms regarding this process are available from the local court administrator or on the Minnesota judicial Branch Website at