The definition of restitution is "an act of restoring." It is the restoration of anything to its rightful owner. It is the act of giving or making well on an equivalent to any loss, damage, or injury. The Miami County Municipal Court makes it a priority to collect restitution from offenders in order to restore to the victims, monies that are warranted. A 5% collection fee is assessed for the court and added to the total amount of restitution owed by the offender.
After the Court determines the amount of Restitution, a payment will be set up if the defendant cannot pay the lump sum. Restitution is non-dischargeable through bankruptcy. Ohio law states victims have the right to request Restitution and receive prompt payment. If there is an objection to the amount ordered or if the Court / Probation Department is unable to determine an amount, the Court will set a date for a Restitution hearing.
Restitution is not automatically ordered when a defendant signs a plea agreement. For Restitution to be valid, it must be ordered by a Judge. If the defendant is released from Probation, jurisdiction no longer exists for the court to order Restitution. The only remedy for the victim then is to file a civil claim against the defendant.