Restitution

Section 19.2-368.5 (D) of the Code of Virginia directs 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, the Fund will collect against offenders who have been convicted of the crime.

Clerk's Office

Section 19.2-368.5 (D) of the Code of Virginia directs 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, the Fund will collect against offenders who have been convicted of the crime.

The Fund can accept checks and money orders for restitution payments. It is important to be aware of the expiration dates on money orders. VVF cannot accept money orders that have expired. Payments can also be made via credit card online. Click here to make payments via credit card online.

Unclaimed Restitution

The Virginia Victims Fund receives from the Courts of the Commonwealth of Virginia any restitution that has been designated as unclaimed for more than one (1) year pursuant to the Code of Virginia § 19.2-305.1:

“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 by November 1 of each year. If a clerk does not have any such restitution to deposit, the clerk shall provide a statement to that effect to the Fund by November 1 of each year. . . . Before making the deposit, the administrator shall record the name, contact information, and amount of restitution being deposited for each victim appearing from the clerk’s report to be entitled to restitution. The victim’s contact information reported to the Fund shall be confidential and shall not be disseminated further except as otherwise required by law.”

Clerk’s Responsibility
When reporting unclaimed restitution to the Fund, the Clerk must use both the Unclaimed Restitution Report WC1 and the Unclaimed Restitution Report WC2.

When repayment is being requested from the Clerk’s Office, the office that submitted the unclaimed restitution must complete an Unclaimed Restitution and Repayment Form WC4. The repayment will be returned to the Clerk’s Office or distributed to the victim as the WC4 directs.

The Fund 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 should be available from the court that sentenced the defendant.

Victim’s Responsibility
In order for a victim to claim unclaimed restitution, he or she must complete and submit the Unclaimed Restitution Application.

Unclaimed Restitution Application Instructions


Unclaimed Restitution Application


FormW-9


Please note if you are a Business Owner or Representative, make sure that you provide a copy of your Business License, State Corporation Commission Certificate, Certificate of Assumed or Fictitious Name, and Certificate of Incorporation, if applicable.

If you have any questions, please feel free to contact this office at 800-552-4007 or via email at restitution@virginiavictimsfund.org.