An Arizona criminal restitution order, or CRO, is the formal judgment a court enters to convert a convicted defendant’s restitution obligation into a debt that can be collected using the same tools as any civil judgment. It never expires, it accrues interest until paid, it survives bankruptcy, and a defendant who willfully refuses to pay can be jailed for contempt. For victims, it is the mechanism that turns a sentencing promise into money actually recovered.
What a Criminal Restitution Order Is
Two orders sit at the heart of this process, and they are not the same thing. The restitution order comes first, at sentencing, and sets the amount the defendant owes. The CRO is the enforcement judgment that comes after, under ARS 13-805, and it covers the unpaid balance.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction
A court may enter a CRO at the time it initially orders restitution. If it doesn’t, it must enter one when the defendant completes probation, finishes the sentence, or absconds. At that point the court actually enters two separate CROs: one in favor of the state for any unpaid fines, costs, fees, surcharges, or assessments, and one in favor of each victim for the unpaid restitution balance.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction The clerk of the court must notify each person entitled to restitution when a CRO is entered.
How the Amount Is Set
Restitution in Arizona is mandatory, not discretionary. Under ARS 13-603, a court “shall require” a convicted person to make restitution to the victim for the full amount of economic loss.2Arizona Legislature. Arizona Code 13-603 – Authorized Disposition of Offenders The judge has no authority to waive it or reduce it based on sympathy for the defendant.
Economic loss includes stolen or damaged property, medical bills, lost wages, and other out-of-pocket costs tied to the crime. The point that surprises most defendants: the court cannot consider the defendant’s finances when setting the amount under ARS 13-804. Someone earning minimum wage and someone earning six figures owe the same restitution for the same loss.3Arizona Legislature. Arizona Code 13-804 – Restitution for Offense Causing Economic Loss
Finances enter the picture only when the court sets the manner of payment. At that stage the court or a designated staff member looks at the defendant’s assets and income, including workers’ compensation and Social Security benefits, to build a realistic payment schedule. The court must also make reasonable efforts to contact any victim who has requested notice and take the victim’s views into account.
If the court lacks the information it needs, it can hold a separate hearing and compel the defendant to testify and produce financial records. The final order spells out the total amount owed to all victims collectively, the amount owed to each victim individually, and how payments will be made.
How a CRO Is Enforced
Once a CRO exists, enforcement extends well beyond the criminal case itself. The court retains jurisdiction to order, modify, and enforce payments until restitution is paid in full or the sentence expires.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction Victims and the state have several tools.
Collection as a Civil Judgment
A CRO can be recorded and enforced as a civil judgment, which opens the door to wage garnishment, bank levies, property liens, and the other collection methods available to any civil creditor. Two features make it stronger than an ordinary judgment. First, it never needs to be renewed. Standard Arizona civil judgments must be renewed every five or ten years depending on type; a CRO stays enforceable indefinitely until paid. Second, no filing or recording fees apply.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction
Restitution Liens
ARS 13-806 gives victims and prosecutors a dedicated tool: the restitution lien. Either the prosecutor or a victim with a court-ordered restitution right can file one, and again no filing or recording fee applies.4Arizona Legislature. Arizona Code 13-806 – Restitution Lien Real property liens go to the county recorder where the property sits. Personal property liens go to the Secretary of State, except for titled vehicles, which go through the motor vehicle division.
The lien attaches to property the defendant currently owns and to property acquired later. That makes it difficult to accumulate assets while ignoring the debt. A prosecutor can even file a preconviction restitution lien after a complaint, information, or indictment is filed, before the defendant is found guilty. Victims can file their own liens once restitution is ordered at sentencing.
Interest
Interest runs on unpaid CROs. When a victim or someone acting on a victim’s behalf enforces a CRO, the rate is 10 percent per year. When the state enforces its own CRO for unpaid fines, fees, and similar obligations, the rate is 4 percent per year.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction Because the order has no outer expiration, interest can accumulate for as long as the balance is unpaid.
State Payment Interception
Money the state owes the defendant, including tax refunds, must be applied first to satisfy an outstanding restitution order.3Arizona Legislature. Arizona Code 13-804 – Restitution for Offense Causing Economic Loss A defendant with a tax refund coming is unlikely to see it until the restitution is paid.
What Happens If the Defendant Doesn’t Pay
ARS 13-810 governs what happens when a defendant defaults on a restitution installment. The court can require the defendant to appear and explain why the default should not be treated as contempt, and it can issue a summons or an arrest warrant to compel that appearance. The prosecutor, the victim, or the court itself can start the process.5Arizona Legislature. Arizona Code 13-810 – Consequences of Nonpayment of Fines, Surcharges, Fees
What follows depends on whether the default was willful. If the court finds the defendant deliberately refused to pay or intentionally avoided making a good-faith effort to earn the money, the default constitutes contempt. The court can then:
- Jail the defendant in county jail until some or all of the restitution is paid
- Refer the defendant for revocation of probation, parole, or community supervision
- Order community restitution (community service)
- Authorize levy or execution against the defendant’s assets
If the court finds the default was not willful and the defendant genuinely cannot pay despite good-faith efforts, incarceration is off the table. The court can modify the payment schedule, enter other reasonable orders to encourage compliance, or pursue asset-based collection. Inability to pay alone does not land anyone in jail; the finding of willfulness is the trigger.
Changing the Payment Terms
The total amount of restitution generally cannot be renegotiated once set, but the manner of payment can be. Under ARS 13-804, the defendant, the state, or any person entitled to restitution can petition the court at any time to modify how payments are made.3Arizona Legislature. Arizona Code 13-804 – Restitution for Offense Causing Economic Loss Before changing anything, the court must give notice and an opportunity to be heard to the defendant, the state, and any victim who requests it.
A defendant who loses a job or faces a medical crisis can ask the court to restructure the schedule, reduce monthly amounts, or shift due dates. The court will not reduce the balance owed. The victim’s right to full economic recovery stays intact regardless of changed circumstances.
Where Collected Payments Go
All restitution payments go to the clerk of the court, not directly to victims. The clerk distributes funds according to a statutory priority order.1Arizona Legislature. Arizona Code 13-805 – Jurisdiction Victim restitution reduced to a CRO sits at the top, meaning victims are paid before the state collects on fines, fees, or other obligations. Interest on the victim’s CRO comes next. If a defendant is making partial payments and owes both restitution and court fines, the victim is satisfied first.
Bankruptcy Does Not Discharge Restitution
Filing for bankruptcy does not erase an Arizona criminal restitution obligation. ARS 13-603 explicitly classifies restitution as a criminal penalty for bankruptcy purposes.2Arizona Legislature. Arizona Code 13-603 – Authorized Disposition of Offenders Federal law backs this up: debts for restitution or criminal fines included in a sentence are excepted from discharge in both Chapter 7 and Chapter 13.6Office of the Law Revision Counsel. 11 U.S. Code 1328 – Discharge Specifically, 11 U.S.C. ยง 1328(a)(3) carves out “restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime” from the debts a completed Chapter 13 plan can discharge.
A defendant who completes bankruptcy still owes every dollar of restitution plus accrued interest. Victims do not need to file a claim in the bankruptcy case to preserve their right to collect, because the debt was never at risk of being wiped out.