There is no statute of limitations on restitution in California. A restitution order imposed as part of a criminal sentence never expires, never needs to be renewed, and keeps accruing 10 percent annual interest on the unpaid balance until it is paid in full.1California Legislative Information. California Penal Code 1214 – Enforcement of Restitution Fines and Orders2California Legislative Information. California Penal Code 1202.4 – Restitution
Why Criminal Restitution Has No Expiration Date
Ordinary civil money judgments in California go stale. A creditor who wins a judgment must renew it every 10 years or lose the right to enforce it.3California Legislative Information. California Code of Civil Procedure 683.020 – Enforceability of Money Judgments Criminal restitution orders are explicitly exempt from that renewal rule.1California Legislative Information. California Penal Code 1214 – Enforcement of Restitution Fines and Orders A victim does not need to file paperwork at the 10-year mark to keep the order alive. The debt remains collectible for as long as it takes.
Interest Runs the Entire Time
While the balance sits unpaid, interest accrues at 10 percent per year. It starts running from the date of sentencing or the date of loss, whichever the court selects.2California Legislative Information. California Penal Code 1202.4 – Restitution On a $50,000 order, that is $5,000 added every year the offender does not pay. Over a decade, interest alone can exceed the original loss, and nothing in the statute caps the accrual.
Finishing a Sentence Does Not Cancel the Debt
Completing probation, parole, post-release community supervision, or a full prison term does not wipe out what is owed. Penal Code 1214 states that any unpaid balance remaining after supervision ends stays enforceable, and the offender has a continuing obligation to pay the full amount.1California Legislative Information. California Penal Code 1214 – Enforcement of Restitution Fines and Orders The end of the criminal case closes the criminal supervision, not the financial obligation.
Bankruptcy Will Not Discharge It
Federal bankruptcy law excepts federal criminal restitution from discharge.4Office of the Law Revision Counsel. 11 United States Code 523 – Exceptions to Discharge State criminal restitution is also generally treated as non-dischargeable, though the specific analysis differs between Chapter 7 and Chapter 13. Filing for bankruptcy does not make a California restitution order go away.
How Victims Keep Collecting After the Criminal Case Closes
Because the order lives indefinitely, victims can use civil collection tools at any point. The first step is obtaining an Abstract of Judgment from the criminal court using the official form.5California Courts. Abstract of Judgment – Restitution Recording that abstract with the County Recorder in any county where the offender owns or might acquire real estate creates an automatic lien. The lien has to be satisfied before the property can be sold or refinanced. Importantly, running the order through this civil process does not convert it into a standard civil judgment, so the 10-year renewal clock still never starts.
Once the abstract is recorded, the victim can pursue collection using several methods:
- Wage garnishment against the offender’s paycheck.
- Bank levies against funds in the offender’s accounts.
- Real property liens that block clean sale or refinancing.
- Franchise Tax Board intercepts through the Court-Ordered Debt program, which can capture state tax refunds and, in some cases, lottery winnings.6Franchise Tax Board. Court-ordered Debt Collections
- A debtor’s examination, where the offender appears in court under oath and must answer questions about accounts, income, and assets. Failing to appear can trigger a bench warrant.7California Courts. Prepare for Debtor’s Examination
The debtor’s examination often matters most. Offenders who refuse to pay rarely volunteer what they own. Sworn testimony gives the victim the specific banking and employment details needed to file garnishments and levies.
Collection Continues During Incarceration
Prison does not pause the obligation. The California Department of Corrections and Rehabilitation deducts between 20 and 50 percent of a prisoner’s wages and trust account deposits, including money sent in by family and friends, and applies the funds to restitution.8California Legislative Information. California Penal Code 2085.5 – Deductions From Prisoner Wages for Restitution Victim restitution is paid before any restitution fine owed to the state.9California Department of Corrections and Rehabilitation. Offender Restitution Information The same 20 to 50 percent range applies to county jail sentences served under realignment, administered by the county agency the board of supervisors designates.
The One Scenario That Can End the Order: Death During Appeal
If the offender dies while an appeal of the conviction is still pending, California courts have held that the death abates the entire case, including the restitution order. The reasoning is that restitution depends on a valid conviction, and a death during appeal prevents the conviction from ever becoming final. Courts have acknowledged the harsh result for victims and said any fix would need to come from the Legislature.
If the conviction is already final when the offender dies, and the victim has recorded an Abstract of Judgment, the victim may pursue a claim against the offender’s estate through probate. The California Victim Compensation Board maintains a process for probate-related restitution inquiries.10CA Victim Compensation Board. Restitution Recording an abstract early, well before any question about the offender’s health or finances arises, is the most reliable way to preserve a victim’s claim.