Restitution and Collections
They say that crime doesn’t pay…in Virginia the criminals do pay! Did you know that CICF does not receive ANY TAX DOLLARS? Well, it’s true. So how does CICF pay for crime expenses?
Under §19.2-368.5, of the Virginia Code, “…If a criminal prosecution occurs regarding the same alleged 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.
§ 19.2-368.15. § 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. However, except as otherwise provided in subsection G of § 19.2-305.1, the Commonwealth shall not institute any proceedings in connection with its right of subrogation under this section within one year from the date of commission of the crime, unless any claimant or victim's right or action shall have been previously terminated. All funds collected by the Commonwealth in a proceeding instituted pursuant to this section shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.
Before issuing any refunds, Virginia law requires us to check for any outstanding debts with agencies of the Commonwealth of Virginia, Virginia local governments, the Virginia court system and the Internal Revenue Service. If any such debt is found, regardless of the type of tax return filed, all or part of your refund may be withheld to help satisfy the debt and processing of your return will be delayed. The Code of Virginia Setoff Debt Collection Act, Sections 58.1-520 through 58.1-535, authorizes and governs this program.
This debt is owed to the Commonwealth of Virginia and is separate from any criminal court proceedings. ‘The victim’s right to seek civil redress under Code 8.01-243(B) is not affected by any sentence imposed by the court resulting from a criminal conviction…Accordingly, the Circuit Court’s restitution order does not preclude the Fund from seeking to set off any amounts paid by the Fund exceeding the restitution order. McFarland v. Criminal Injuries Compensation Fund, CV File No. 97-0970 (August 29, 2002). In 1981 the General Assembly enacted Sections 58-520 et. seq. which provides that the Virginia Department of Taxation may allow any refund due a taxpayer to apply against any indebtedness to the Commonwealth.
- Collections - CICF will turn debtor over to internal collections department for collections action.
- Tax Refunds - Liens on state tax refunds if restitution is not ordered and the Fund has made an award, then CICF will attempt to recuperate its awards by placing a lien on the defendant's tax refund. If the offender files a joint return, the Virginia Department of Taxation will only deduct the offender's portion. The other signer is not affected by the lien.
- Office of Attorney General - If a debt has not been paid in 90 days, the agency has a right to turn the claim over to the Collections Department at the Attorney General’s Office, where they will pursue the debtor for collections.
- Garnisments - CICF has the right to garnish wages if regular payments are not being made on a debt.
- Show Cause for Failure to Pay - CICF has the right to contact the Commonwealth’s Attorney’s Office and ask for a show cause if regular payments are not being made. If a show cause is issued, the offender will return to court and may be ordered by the Judge to pay the restitution owed or to serve part or all of a suspended sentence.
- Suspension of Driver's Priviledges - When restitution has been ordered and not paid, the Clerks’ office has the right to suspend driving privileges until payments are made. To regain these privileges the debtor must pay a reinstatement fee.
Please note, you must sight a reason for contesting a claim. The only items that will be reviewed on a claim are the following:
- information about the validity of the claim,
- and the accuracy of the amount due and owing,
- the identity of the debt is verified,
- And any claims of additional payments to other sources for this same debt are noted and then followed up on.
The basis for the claim (the conviction of the debtor) may not be considered per §58.1-526 (D).
Fund Development works to develop internal and external methods for maintaining the Fund’s financial stability. CICF does not receive tax dollars. Therefore, CICF must develop creative ways to maintain its ability to pay victims.
CICF believes that working closely with the criminal justice system can help to increase the financial stability of the Fund. CICF coordinates on a case-by-case basis with the Clerk’s offices, Commonwealth’s Attorneys, Victim Witness Offices, and Probation and Parole to ensure quality communication and repayment to CICF. CICF provides training on an on-going basis to these offices and has developed programs such as “Tip of the Week” and the “Restitution Task Force” to increase collaboration throughout the system.
Unclaimed restitution is due November 1st of every year. Payments can be made by this date or throughout the year. Please include all victim information with your payments and indicate if it is unclaimed.
- Unclaimed Restitution WC 1 (PDF) | (Word)
- Unclaimed Restitution WC 2 (PDF) | (Word)
- Unclaimed Restitution & Repayment WC4 (PDF) | (Word)
Federal Victim for Crime Act grant: which is court fees, fines and restitution paid to the federal government by the responsible parties. This money is divided up and disseminated to the states for various programs including Compensation programs.