Delaware County, Indiana

Restitution in Criminal Cases

In many criminal cases, the issue of restitution may arise. Our office will make every effort to ensure that Victims are fully reimbursed for any and all losses attributable to criminal acts; however, we may be required to provide documentation detailing the amount and extent of the losses suffered by a Victim as a result of a criminal act. Therefore, Victims need to make sure to maintain consistent contact with our office and provide us with all necessary documentation of their losses.

If a Defendant is ordered by the Court to pay restitution, such payments will be made by him/her to the Clerk of the Delaware County Circuit Court. After such time, individuals to whom restitution is owed may contact the Clerk's office to determine whether any restitution has been paid by the Defendant; and, if so, arrangements may then be made for the Victim to receive the funds. The Clerk's office can be contacted at (765) 747-7726. When checking the status of a Restitution Order, Victims will need to provide the Clerk's office with the name of the Defendant, as well as the Cause Number for the criminal case.

Under the Constitution of the State of Indiana, a person may not be imprisoned for failure to pay a debt, which would include any amount in a Restitution Order. Therefore, in the event the Defendant does not pay restitution as ordered by the Court, Victims should seek advice from an attorney so as to enforce the Restitution Order. During any period of time in which the Defendant fails to make payments toward the Restitution Order, interest on the amount may accumulate. In those cases, interest will accrue according to the prevailing interest rate allowed by law.