What is restitution in law?

How it differs from a fine and from damages

A fine is paid to the government as punishment. Civil damages come from a lawsuit the victim files and can include pain and suffering. Restitution sits in between: ordered by the criminal court, paid to the victim, and usually limited to documented economic loss.

How the amount is set

The victim submits documentation — receipts, invoices, wage records, insurance statements — normally through the prosecutor or a victim-witness coordinator before sentencing. Courts require a causal link between the offence and each item claimed. Under the federal Mandatory Victims Restitution Act, restitution is mandatory for many offences regardless of the defendant's ability to pay, though ability to pay affects the payment schedule.

Collection

A restitution order is enforceable like a civil judgment: wage garnishment, liens, seizure of tax refunds and interception of inmate accounts. It is a condition of probation or supervised release, so non-payment can trigger revocation — although courts may not revoke solely because someone is genuinely unable to pay.

Two details worth knowing

First, restitution debt is generally not dischargeable in bankruptcy. Second, federal restitution orders can survive for twenty years after release, and many state orders are similarly long-lived or convertible to civil judgments that can be renewed.