Search 

Azcourts.gov

Arizona Judicial Branch

Restitution Lien Instructions and Forms

Instructions and Forms

There are different types of restitution liens.

A Criminal Restitution Order (CRO) is typically entered by the court after the completion of the defendant's probation period or sentence (or if the defendant absconded) when there is an unpaid balance of any restitution order.  The law also allows the court to enter a CRO at the time the defendant is ordered to pay restitution.  Interest accrues at the rate of 10% per year.  Before you proceed with obtaining your own restitution lien, you should check to see if there is a CRO already filed in the criminal case in which you were named a victim and an order entered for you to receive restitution.  Contact the Victim Services Unit of the prosecutor's office if you are unsure (Click here for Victim Services page).  If there is a CRO, it has been recorded with the county recorder (of the sentencing county) and Arizona Motor Vehicle Division (MVD).  If the defendant tries to see real property in the sentencing county or a vehicle in the state, any monies paid will go to the clerk of the court for distribution as prioritized by law (Authority:  ARS § 13-805).

A Restitution Lien is used when restitution has been ordered but no CRO has been entered.  Any person entitled to restitution pursuant to a court order may file one.  Establishing a Restitution Lien does take some time, but can be an effective tool in collecting restitution.  It attaches to real property (in the county or counties it is recorded in) and vehicles owned by the defendant (when filed with MVD).  A Restitution Lien filed with the Secretary of State perfects against interests in personal property.  Once paid off, it is the responsibility of the lien-holder to releases the lien(s) involved (Authority:  ARS § 13-806).

A Pre-Conviction Restitution Lien may be requested by the victim or prosecutor after the filing of a misdemeanor complaint or felony information or indictment.  If the request is granted by the court, then the lien is treated the same as a Restitution Lien.  If the case is dismissed or the defendant acquitted, it is the court's responsibility to order the release of any pre-conviction restitution lien (Authority:  ARS § 13-806)

  Form Name
Instructions
Fillable Forms
 Samples
Restitution Lien

 



 
Request for Pre-Conviction Restitution Lien - COMING SOON
   
 
Pre-Conviction Restitution Lien - COMING SOON
     
Clerk of the Court Cover Letter (Restitution Lien)
 
 
Clerk of the Court Cover Letter (Pre-Conviction Restitution Lien) - COMING SOON
     
County Recorder Cover Letter
 
 
Information Statement of Judgement Creditor
 
 
Notice of Restitution Lien


 
MVD Request for Release of Lien Letter


 
Notice of Lien - COMING SOON


 
Request for Release of Restitution Lien on Real Property
 
 
MVD Request of Lien Letter
     
Petition for Order to Show Cause


 
  Request for Payment History - COMING SOON
   
  (You can Download the free Adobe Acrobat PDF reader if needed.)      

To perfect interests in personal property with the Arizona Secretary of State, CLICK HERE.

https://www.azsos.gov/business/uniform-commercial-code-ucc