Hennepin County Restitution is handled by the Hennepin County Attorney’s Office. This information covers restitution for adult defendants. Juvenile restitution is handled separately. Contact 612-348-3845
for questions about the juvenile restitution process or your specific case in the juvenile system.
What is Restitution?
Restitution is reimbursement from the defendant to the victim(s) for out-of-pocket losses and expenses directly resulting from a crime. It may be included as part of a criminal court-ordered sentence after a defendant enters a plea agreement or is found guilty.
How is Restitution Determined?
Restitution is determined by the Judge in a criminal proceeding, based on the out-of-pocket losses and expenses requested on the victim’s Claim for Restitution Form and the supporting documents submitted.
Examples of eligible expenses may include, but are not limited to, medical or dental expenses, counseling costs, lost wages due to injury or the cost of repairing or replacing stolen or damaged property. The losses must be directly related to the crime.
Defendants have a right to object to expenses submitted for payment. The Court may hold a hearing on the restitution due to objections by the defendant. If the defendant intends to challenge a restitution order, he/she has the burden to produce evidence. The defendant must submit a detailed sworn affidavit setting forth all challenges and specifying all reasons justifying dollar amounts of restitution which differ from the amounts requested by the victim.
Restitution Billing Process
Notification and First Bill
When a restitution sentencing order is referred to the Hennepin County Attorney’s Office for collection, the defendant will be sent an initial notification letter and a first bill.
The initial notification letter includes
- The total amount the defendant owes
- Notice to defendant that if they are challenging amount owed the Court must be notified within 30 days of sentencing date
- The standard payment timeline based upon the amount owed
- A warning that failure to pay will result in the case being sent to the Department of Revenue
Standard Payment Schedule
Defendants have a certain amount of time to pay the restitution in full.
| Total Amount Owed
|| Payment Timeline
| Less than $200
| $201 - $500
|$501 - $2500
|| 1 year
| More than $2500
|| Duration of Probation
Payment in full should be made within this standardized time frame. The Hennepin County Restitution does not set up personalized monthly payment plans.
How to Make Payments
Payments should be made by check or money order payable to Hennepin County Restitution.
The defendant must begin paying within 60 days of the notification letter and first bill and continue to make payments until the balance is paid in full.
To find out your current balance or you have questions about your bill, contact Hennepin County Restitution at 612-348-2016.
If the defendant does not begin paying within 60 days of notification or does not pay his or her restitution in full within the required amount of time, the case may be sent to the Department of Revenue for action.
Revenue Recapture and Collections
If the case is sent to the Department of Revenue for collection, the defendant will incur a collection fee of up to 25% on top of the amount of restitution owed.
The Department of Revenue may also use any or all of the following enforced Collection Actions:
Levy defendant’s bank accounts or financial assets
Levy of defendant’s wages
Intercept income/property tax refunds and lottery due to defendant
Revoke defendant’s professional licenses or deny their renewal
Subpoena defendant’s personal information
Seize defendant’s property
Refer defendant’s debt to a private collection agency
More information on debt collection is available from the Minnesota Department of Revenue.
Order for Judgment
Restitution may also be converted to an Order for Judgment
on behalf of the victim.
Hennepin County Restitution will prepare the legal document entitled Findings of Fact and Order for Judgment as a service for the victim. They will then make a request to the Judge to sign the order and send it to the victim, along with directions for docketing the order in Civil Court. Hennepin County Restitution cannot help recover the Civil Court judgment.
The Order for Judgment will not guarantee payment. It is another avenue to attempt to recover restitution. The Judgment will remain in effect for ten years. The defendant will not be able to finance a home or a car without satisfying the order.
For more information on Hennepin County Restitution, see the Frequently Asked Questions (FAQs) for Defendants