A. Attorney or Person Without Attorney
INSTRUCTIONS: .ORDER.FOR. RESTITUTION. AND. ABSTRACT OF JUDGMENT COUNTY . . . . . . . . . . . OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
: : Plaintiff(s) : : : : Defendant(s) : ...................
Write the name of your attorney. If you are representing yourself, your name goes here.
Index No. Calendar No.
B. Recording Requested by and Return to
Check the box and place your name and address in the space provided. After the document has been filed with the court, you need to take a certified copy to the County -againstRecorder's Office.
C. Telephone Number
Your telephone number goes here. You may also give a number where the court can leave a message for you.
D. Fax Number
You may .write . . your.fax . . . . . . here. or. you. may . . . . . . . . in . . . . . number . . . . . . . . . leave this line blank.
E. E-mail Address
You may write in your e-mail address here or you may leave thisTHEblank. line PEOPLE OF THE STATE OF NEW
F. Applicable Party
TO Check the applicable box. If you are representing yourself, check the box for judgment creditor.
Ask the clerk of your court for this information, including GREETINGS: the court's address.
G. Name and Address of Court
H. Case Name
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court located at County of I. Case Number in room , on the day of , 20 , at o'clock in the noon, and at any recessed Write the assigned case number in this space. You need to or adjourned date, to testify andthis form. give evidence as a witness in this action on the part of the write this number at the top of every page of
Use the assigned case name. Example: In re John D. or People ofthe Honorable the State of California v. Doe.
J. For Court Use Only
Leave blank. After this form is filed, the clerk will stamp this box on the copies so everyone knows they are copies of an official court document. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a K. Order for Restitution result of was failure to comply. If the personyour convicted in criminal court, write in the date of the defendant's conviction and the defendant's name. In cases where a child has been found to be a person described in Welfare and Institutions Code section 602, item b. should be checked and the date of the hearing and the child's name filled in. Witness, Honorable , one of the Justices of the c. If the parents or guardians are jointly and severally liable, write the names in the space provided. Court in County, day of , 20 d. If co-offenders were found jointly and severally liable, write the names in the space provided. This section must be completed by either you or the court. A separate order and abstract of judgment should be completed for each defendant or child ward found guilty of an offense.
L. Judicial Determination of Restitution
(Attorney must sign above and type name below) The defendant or child has a right to a restitution hearing. The hearing can be waived if the defendant or child agrees to give up his or her right to have a hearing. The amount of restitution may also be stipulated if the amount of restitution to be ordered is agreed to by all parties and the judge makes an order for the amount based on an agreement by all parties. It is very important to check the appropriate boxes to indicate whether the defendant or child has had a hearing or has waived the hearing.for Attorney(s) If you do not have all of the relevant information to complete this section, then the court should complete it for you.
M. Restitution Ordered to Pay
a. b. If the court ordered the offender to pay you, write your name as the victim and the amount of restitution ordered by the court. Make sure the amount of restitution is not left blank or "to be determined." A dollar amount must be listed for the order to be enforceable. Office and P.O. Address Check this box if the court ordered the State Victim Compensation Board to receive reimbursement for funds previously paid to you or your service provider by the Restitution Fund. Make sure the amount of reimbursement is not left blank or "to be determined." A dollar amount must be listed for the order to be enforceable.
N. Amount of Restitution
Check the applicable boxes a. through e. that specify why the restitution was ordered. Example: If the court ordered that you collect Facsimile No.: medical expenses and lost wages, check boxes b. and c. If the amount of restitution includes something that is not listed, check box e. E-Mail Address: and briefly specify what additional costs are covered. Page 1 of 2
Form Approved for Optional Use Judicial Council of California CR-112/JV-792 [New January 1, 2004]
INSTRUCTIONS: ORDER FOR RESTITUTION AND ABSTRACT OF JUDGMENT
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O. Case Name and Number
Use the case name and case number that you wrote on the front of the form.
P. Application for Abstract of Judgment
Check the applicable box. If you are the victim, check the box for judgment creditor. A separate judgment must be filed for each defendant or child and each victim. a. The judgment debtor is the person who was ordered to pay the restitution. Write the name and last known address of the judgment debtor in the space provided. You may also include any known aliases used by the judgment debtor. b. Fill in the judgment debtor's driver license number and state where it was issued, if you know them. If you do not know this information, check the "unknown" box to the right. c. Fill in the judgment debtor's social security number, if you know it. If you do not know this information, check the "unknown" box to the right. d. Fill in the judgment debtor's date of birth, if you know it. If you do not know this information, check the "unknown" box to the right.
Q. Name and Signature
Print your name on the line specified. If you are representing yourself, sign on the other line. Write in the date. If identifying information is obtained from other than direct sources, check the "On Information and Belief" box located below the signature line.
R. Judgment Creditor
Enter your name in the space provided.
S. Judgment Debtor
Enter the name of the judgment debtor in the space provided.
T. Judgment Date
Enter the date the judgment was entered. If you don't know the date, the clerk of the court should complete this information.
U. Amount of Judgment
Enter the amount of the judgment entered. If you do not know the amount, the clerk of the court should complete this information.
V. Stay of Enforcement
Specify whether the court has ordered a stay of enforcement. If a stay of enforcement was ordered, check the appropriate box and write in the date of the order and the date until it is effective. If a stay of enforcement was not ordered, check the other box.
W. Abstract of Judgment
The clerk of the court will write in the date the judgment was issued and will sign the Abstract of Judgment. The box on the upper left-hand side of Page 1 of the form, which is described in Instructions AF, is for the purposes of the county recorder. It should be filled out by the person seeking recording of the Order for Restitution and Abstract of Judgment. Once you receive a certified copy of the order and abstract of judgment from the court, you can record it with a county recorder for a nominal recording fee. To be enforceable, a judgment must be entered in the court records. Once the judgment is entered in the court records you may use it for civil remedies and collection efforts such as obtaining wage garnishments or writs of execution. Recording Form CR-110/JV-790 with the county recorder places an automatic lien against any real property that the defendant owns at the time of the recording or may own in the future. In juvenile cases, recording of the document places a lien against the parent's or guardian's real property if they are named in the judgment. Recording the judgment with the county recorder requires that the Abstract of Judgment, Page 2, be completed and signed. After items 7 through 11 are completed, the form should be submitted to the court at sentencing or disposition. If completed after sentencing or disposition, the form should be submitted to the judge's clerk or the records clerk of the court. The clerk will provide you with a certified copy of the Order for Restitution and duplicate original of the Abstract of Judgment for recording by the county recorder.
CR-112/JV-792 [New January 1, 2004]
INSTRUCTIONS: ORDER FOR RESTITUTION AND ABSTRACT OF JUDGMENT
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