If restitution has not been paid in full prior to the end of supervision/probation, the case is sent to a collections agency. The restitution judgment will remain for 50 years from the date of sentencing.
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The defense attorney is provided with a copy of all documentation you submit. This “discovery” process is done prior to the sentencing hearing so that restitution can be ordered at the time of sentencing. If we do not hear from you or receive your restitution request form, we are unable to notify the judge that you are requesting restitution.
At the Sentencing Hearing, the judge will be provided a Restitution Notice with the amount of restitution requested on the victim’s behalf. If there is no objection from the defense attorney or judge, it is ordered. If there is an objection, the defendant has a right to a Restitution Hearing which will be scheduled for a future date. The victim may be subpoenaed for this hearing.
When a defendant is convicted of a crime the judge may order they pay restitution. The amount of restitution ordered is based on the economic damages the victim suffered as a direct result of the crime. The judge makes the final decision on what can and cannot be ordered as restitution.
When the judge orders restitution as part of the sentence, the defendant is commonly allowed to make payments toward restitution and other financial obligations imposed as part of the sentence. The amount and schedule of payments is determined by the judge during sentencing.
When determining an appropriate payment plan, the defendant’s current circumstances, incarceration status and ability to pay are taken into consideration. $25.00 per month is a common amount ordered.
Each payment received is split 50/50 between restitution and fees/fines. The 50% going to the victim is split between all victims in the case (except orders to third parties such as insurance companies and banks).
Defendants make payment to the Beaverton Municipal Court. Processing time for payments varies. If the defendant pays with a personal check, a two-week hold is added to the processing time. Checks to victims are issued once per month after the payment and paperwork is processed. Expect the payment to take approximately 30 days to reach you.
A defendant sentenced to bench probation is supervised by the judge and not a probation officer. When restitution is not paid, the sentencing judge issues a hearing for show cause for an explanation as to why the defendant is not complying with the Court’s order.
If after 60 days from sentencing you have not received restitution payments, contact Court Accounting at 503-526-2290. First verify if the court has received a late payment or if the payment is being held. Also verify the address they have on file for you. It is very important to keep your address current with the Court so payments are mailed to the right location.
Judges can be contacted by writing to the Beaverton Municipal Court, POB 4755, Beaverton, Oregon 97076, regarding non-payment issues. Please include the name of the defendant and court case number when addressing concerns.
It is your responsibility to keep the Court informed of your current information. You may contact Beaverton Municipal Court Accounting at 503-526-2290 to provide updated information.
Unclaimed restitution payments will be forwarded by the city to the State of Oregon Department of Lands.