The victim who was receiving my restitution payments just died. Do I still have to pay?

Yes. If you were ordered to pay restitution directly to the victim of a crime (“direct order”), and that victim has died, the executor or administrator of the victim’s estate will begin receiving restitution payments on his or her behalf.[2284] Of course, restitution can only be awarded for economic losses the victim incurred before he or she died, so any additional economic losses incurred after or as a result of the victim’s death are not your responsibility.[2285]

GETTING RID OF CIVIL ASSESSMENT CHARGES

If you don’t make payments on time or don’t go to court when you’re supposed to, the judge adds an extra fee of $300 to your debt. This is called a “civil assessment.” If the reason you didn’t pay or appear in court was because you were incarcerated, and you were charged with a civil assessment as a result, you should be able to get it waived by filing a “Petition to Vacate Civil Assessment.” This form is available from the court clerk. A sample form is also available in Appendix I , PG. 708.

  1. 2284

    California Judges Benchguide 83: Restitution § 83.70; See also U.S. Dept. of Justice, Provisions Regarding Allowable restitution, https://www.justice.gov/usao-cdca/victimwitness/understanding-restitution. ↑

  2. 2285

    People v Runyan (2012) 54 C4th 849, 856–859. ↑