6.27 RESTITUTION ORDERS
6.2701 Docketing.
If a defendant in a criminal case has been ordered to make restitution as part of a criminal sentence, that order may be enforced in the same manner as a judgment in a civil action. 566 The statutory method for enforcing the judgment is to docket it in circuit court. 567 The recorded restitution order must state the amount of the restitution, the name of the party in whose favor the order was issued, the name of the party against whom it was issued, and the address of that party if known. Finally, it should state the date from which the order bears interest, if interest is ordered by the court. Interest on restitution orders, unless the court sets a different date, accrues from the date of the loss or damage. 568
An amendment in 2021, provides for docketing of restitution orders, which can then be enforced as civil judgments; and which may be assigned to the victim for enforcement pursuant to 19.2-305.2(B).
6.2702 Damages.
When determining the damages to be assessed pursuant to a restitution order, see United States v. Steele. 569 While this is a criminal case, the decision makes an important point in civil cases, as well as in any case in which the court enters a restitution order. The defendant, a postal employee, stole a substantial number of video games from the plaintiff. After...
