Contents
Agistors Liens
Child Support Liens
Colorado Housing and Financing Authority
Federal/State Tax Liens
General Lien Questions
Harvesters Liens
Hospital Liens
Mechanics Liens
Orders of Restitution
Redaction of Tax Identification Numbers
Searching Records
Spurious/Fraudulent Liens
Stud Service Liens

 

Orders of Restitution

Q1. What is an order for restitution and where can I find more information?

A1.  An order for restitution arises from an order of conviction of a felony, misdemeanor, petty, or traffic misdemeanor offense. Some state traffic misdemeanor offenses are excluded. Information that may be included in an order of restitution can be found at section 18-1.3-603 C.R.S.

Restitution means any financial or economic loss suffered by a victim that was caused by an offender’s conduct and that can be reasonably calculated and repaid in money. Restitution includes all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, and other losses. Restitution may also include extraordinary direct public and all private investigative costs. Restitution does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.

For more information, see section 16-18.5-104(5)(b), C.R.S.

 

Q2. Where should a transcript of an order of restitution be filed?

A2.  A transcript of an order for restitution may be filed in three places:

• in the real estate records of the office of the clerk and recorder of any county in which the defendant holds an interest in real property.
• with the Secretary of State’s office for any interest of the defendant in personal property.
• with the authorized agent as defined in section 42-6-102 (1), C.R.S. for any interest of the defendant in a motor vehicle.

From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or victim.

For detailed filing information, see section 16-18.5-104 (5), C.R.S.

 

Q3. Who may file a transcript of an order of restitution?

A3.  Following an investigation required by section 16-18.5-104(3) C.R.S. the collections investigator may record a transcript of the order for restitution.