County, Colorado County Court District Court



PROCEDURE FOR VICTIMS SEEKING INTEREST ON RESTITUTION

Orders for restitution are deemed also to order that the defendant owes interest. The statutes do not specifically require the Courts to calculate and track the interest owed or paid. The legislative intent was for victims not to be required to obtain a new court order when the elect to pursue interest on restitution owed. C.R.S 18-1.3 - 603(4)(a)(b)(l)

Victims who wish interest added to restitution must calculate the amount due and provide a copy to the defendant to object, and notify the court.

Jefferson County Courts and Probation will utilize the following procedure for cases in which victims request interest on restitution:

1. Court and Probation employees will not calculate interest on restitution

2. Should a victim request interest, he/she will be supplied with the following forms:

a. Procedures for Victims Seeking Interest on Restitution

b. Calculation of Interest Owed on Restitution Judgment

c. Certificate of Mailing

d. Objection to Calculation of the Amount of Restitution

3. Victim will complete the forms, mailing a notarized copy or a copy signed before a deputy clerk via certified mail (return receipt requested) to the defendant. Victim must return green card to the court showing a received notice.

4. Victim will file the original forms with the Court Bookkeeping Department and the documents will be entered into the Court’s Eclipse Computer system.

5. Court bookkeepers will verify the completeness of the form (name, case number, victim name, amount of restitution and review interest calculation for accurate math, verify a certificate of mailing with attached green card or affidavit of service is included and date stamp the documents.

6. Five business days after the Calculation of Interest is filed, if no objection has been filed by the defendant, the bookkeeper will enter the restitution amount as a VBL

7. If an objection is filed by the defendant, Probation CI (if defendant is supervised) or Court Bookkeeper (if defendant is not supervised) will attempt to resolve the conflict.

8. If unable to do so, CI or Bookkeeper will refer the matter to the sentencing court for resolution.

9. Interest will be added with the code, REST on a separate line, with a VBL comment “interest on restitution added 4/1/04”

10. Bookkeeping will stamp docketed and Add (FOTH) as follows:

Calculation of interest owed on restitution judgment dated 2/27/05 served to def cert of mailing in file; no objection filed by def therefore approved and entered by bookkeeping; restitution interest $________ assessed for date – date/INIT

|θCounty Court θDistrict Court | |

|_________________________________________ County, Colorado | |

|Court Address: | |

| | |

| | |

|Plaintiff (s): | |

|The People of the State of Colorado | |

|v. | |

| | |

|Defendants (s): |COURT USE ONLY |

|Judgment Creditor’s Attorney or Judgment Creditor (Name and Address) |Case Number: |

| | |

| | |

| | |

|Phone Number: E-mail: | |

|FAX Number: Atty. Reg. #: |Division Courtroom |

|CALCULATION OF INTEREST OWED ON RESTITUTION JUDGMENT |

Judgment Debtor’s name, last known address, other identifying information: ____________________________________________________

_________________________________________________________________________________________________________________

1. Original Amount of Restitution Entered (date)___________________________ $_______________________________

2. Plus any Interest due on Restitution (12% per annum) + $_______________________________

3. Less any amount paid - $_______________________________

4. Principal Balance/Total Amount Due and Owing = $_______________________________

I affirm that I am authorized to act for the Judgment Creditor and this is a correct statement as of ___________________________________

(date)

Subscribed under oath before me on _______________________ _______________________________________________

Print Judgment Creditor’s Name

____________________________________________________ Address: _______________________________________

Notary Public or Deputy Clerk _______________________________________________

My Commission Expires: ________________________________ By: _____________________________________________

Signature (type Name, Title, Address and Phone No.)

Formula for Calculation of Restitution Interest

T=P (1 +nr)

The following information is to be completed by the Judgment Creditor or their designated representative.

(P)________ Principal Balance/Total Amount Due and Owing or Original Amount of Restitution for first time calculation

(n)________ Number of interest periods, expressed in months (interest periods are the time increments that have passed since interest was last calculated. For example, if calculating interest for three years the number “36” {3 yrs. X 12 mos. = 36} would be the number of interest periods

( r)________ Percentage rate per interest period. For the statutory restitution interest rate of 12% per annum the percentage rate is 1%

(T)________ From the above information place the numbers in this formula in the appropriate locations:

(P)__________(1+(n)________ X ( r ) .01). Do the calculation and enter the result for (T) above. The result for (T) would now be the result for number 2, plus any Interest Due on Restitution above.

I certify that I mailed a copy of this document along with an Objection to Calculation of the Amount of Restitution Interest by certified mail, return receipt requested, to:

The Clerk of Court for ___________________County/District Court JUDGMENT DEBTOR

Address: ______________________________________________ Address:_________________________________________

_____________________________________________________ ________________________________________________

________________________________

Signature of Judgment Creditor

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______.

My Commission Expires: ________________________ __________________________________________

Deputy Clerk/Notary Public

|θCounty Court θDistrict Court | |

|_________________________________________ County, Colorado | |

|Court Address: | |

| | |

| | |

|Plaintiff (s): | |

|The People of the State of Colorado | |

|v. | |

| | |

|Defendants (s): |COURT USE ONLY |

|Judgment Creditor’s Attorney or Judgment Creditor (Name and Address) |Case Number: |

| | |

| | |

| | |

|Phone Number: E-mail: | |

|FAX Number: Atty. Reg. #: |Division Courtroom |

|OBJECTION TO CALCULATION OF THE AMOUNT OF RESTITUTION INTEREST |

NOTICE TO DEBTOR:

THIS FORM MUST BE USED TO OBJECT TO THE CALCULATION OF RESTITUTION INTEREST

My Name __________________________________________________________Phone ____________________________

Address______________________________________________________________________________________________

(Street, City, State, Zip Code)

1. I object to the Judgment Creditor’s Calculation of the Amount of Restitution Interest because

I BELIEVE THAT THE CORRECT CALCULATION IS: $_____________

Principal Balance/Total Amount Due and Owing or Original Amount

of Restitution for first time calculation. $____________(P)

Number of interest periods, expressed in months (interest periods are the

Time increments that have passed since interest was last calculated. For

Example, if calculating interest for three years the number “36” {3yrs. X 12 months = 36} $____________(n)

Percentage rate per interest period. For the statutory restitution interest rate of 12%

per annum the percentage rate is 1% (r) .01 ( r)

AMOUNT WHICH SOULD HAVE BEEN RESTITUION INTEREST [T=P (1 + nr)] $____________ (T)

I understand that I must make a good faith effort to resolve my dispute with the Court.

I have have not attempted to resolve this dispute with the Court.

Name of Person I talked to: ________________________________________

Position: _______________________________________________________

Phone Number: _________________________________________________

I certify that I mailed a copy of this document by certified mail, return receipt requested, to:

The Clerk of Court for ___________________County/District Court JUDGMENT CREDITOR OR ATTORNEY

Address: ______________________________________________ Address:_________________________________________

_____________________________________________________ ________________________________________________

________________________________

Signature of Judgment Creditor

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______.

My Commission Expires: ________________________ __________________________________________ Deputy Clerk/Notary Public

_________________________________Court, _____________________________County, State of Colorado

Case No. ___________________________________________________ Division _______________________

Certificate of Mailing

_______________________________

(Petitioner/Plaintiff)

Vs.

_______________________________

(Respondent/Co-Petitioner/Defendant)

I certify that a true and correct copy of ___________________________________________________________

__________________________________________________________________________________________

Was placed in the United States mail, postage prepaid on ____________________________________________

To: _______________________________________

At: _______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________________

Signature

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