Probation & Clerk's Offices

 

When the Virginia Victims Fund makes an award on behalf of a victim and restitution is ordered for those expenses, the restitution funds are directed to VVF. VVF also serves as the repository for unclaimed restitution in the Commonwealth of Virginia.

VVF can accept checks and money orders for restitution payments. Please be aware of the expiration dates on money orders, as VVF cannot accept money orders that have expired. Payments can also be made via credit card online.

Restitution

§19.2-368.5 (D) requests that if a criminal prosecution occurs regarding a crime, the attorney for the Commonwealth shall request the court to order restitution. However, neither the lack of a restitution order, nor the failure of the attorney for the Commonwealth to request such an order, shall preclude the Fund from exercising its subrogation rights pursuant to § 19.2-368.15. When the Virginia Victims Fund has made an award, VVF will collect against offenders who have been convicted of the crime.

When submitting restitution payments, the Restitution Payment Form should be used. Be sure to include both the victim’s and the offender’s name, and the CICF claim number on both the form and the payment itself.

Unclaimed Restitution

When restitution is ordered to a victim that cannot be located, is deceased, or goes out of business that restitution becomes unclaimed restitution. All unclaimed restitution should be forwarded to the Virginia Victims Fund per §19.2-305.1 (H), which specifies:

“If restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims”…. “Before making the deposit he shall record the name, last known address, and amount of restitution due each victim…”

Unclaimed restitution should be submitted using the Report for Unclaimed Restitution-WC1. WC2 can be used if multiple accounts are submitted at one time.

VVF maintains balance records on unclaimed restitution received but does not maintain a copy of the sentencing order. As such, VVF would not have a record of the total restitution owed on a case that has become unclaimed restitution. This information would be available from the court that sentenced the defendant.

When a victim is located and looking for repayment, the office that submitted the unclaimed restitution must complete an Unclaimed Restitution and Repayment Form WC4. The repayment will be returned to that office or distributed to the victim as the WC4 directs.