Apply to get money from an offender (restitution)

Who can apply?

• Victims
• People who suffered a loss because of the crime

Before you apply

Figure out how much money you need to replace damaged items or property. Gather receipts for item(s) that need to be replaced. The judge needs these to confirm amounts the offender will pay.

Apply for restitution

1. Tell to the crown prosecutor, victim services worker or crown witness coordinator that you want to apply for restitution
2. Download the statement on restitution form. Paper copies are available from a victim services worker or the crown witness coordinator.
3. Write out:
   • what you are seeking restitution for, such as damaged property; and
   • how much money you want for each item.
4. Complete and sign your statement on restitution:
   • give the form to the crown prosecutor who'll present the information in court on your behalf; or
   • speak with a victim services worker for help to present the statement to the court yourself.

If the offender is found guilty, a restitution order may be granted by the judge. This could be a stand-alone order, or a criminal order. It may include a condition for restitution. For example, a probation order.

If a restitution order is granted

1. Provide your contact information and mailing address to a court clerk.
2. The court registry will send the payments to you.

Your personal information will be kept confidential.

What if the offender misses a payment due date

To start the process of civil enforcement, you must file the appropriate Yukon Courts form at a court registry. On that form you must deduct any payments already made by the offender from the original amount of restitution.

If the order or outstanding amount is $25,000 or less

File in Small Claims Court at the Court Registry in:

• Whitehorse;
• Watson Lake; or
• Dawson City.

If the order or outstanding amount is $25,000.01 or more

File in Supreme Court at the Whitehorse Court Registry.

Fees

There is no charge to:

• get a certified true copy of a stand-alone:
  • restitution order; or
  • criminal order with a condition of restitution;
• file the certified true copy in Small Claims Court;
• file a requisition to open a file; or
• register a restitution order, or a criminal order with a condition of restitution.

Get a certified copy of an order

1. Contact the court registry in person or by phone.
2. Ask a court clerk for a certified true copy of the restitution order or a criminal order with a condition of restitution. It will set out the:
   • restitution amount; and
   • due date or payment schedule.
3. The court clerk will:
   • give this to you in person; or
   • mail it to you.

File a stand-alone restitution order

In Small Claims Court:

Submit a certified true copy of the order.

In Supreme Court:

Submit the:

• requisition to open a file (form A-1); and
• certified true copy of the order.

File a criminal order with restitution as a condition

In Small Claims Court:

Submit the:

• requisition for judgment for restitution (form 29);
• certified true copy of the order;
• affidavit in support of judgment for restitution (form 28); and
• draft judgment for restitution (form 30).

These documents will be sent to a Small Claims Court judge. They will provide an approval of a judgment for restitution.

In Supreme Court:

Submit the:

• requisition to open file (form A-2);
• certified true copy of the order;
• affidavit in support of order for restitution (form B); and
• draft order for restitution (form C).

These documents will be sent to a Supreme Court judge. They will provide an approval of the order of restitution.

Submit all documents to the Court Registry:

• in person; or
• by mail.

What if you change your mind?

You do not have to register the restitution order if you do not want to enforce it. If you change your mind after you file the order, you can:

• withdraw; or
• discontinue the civil action.

To do this, file a:

• notice of withdrawal (form 25) in Small Claims Court; or
• notice of discontinuance (form 32) in Supreme Court.

A court-issued order is a registered civil judgement. This applies to either a restitution order or a condition of restitution of a criminal order. As a civil judgment, you can apply to:

• garnish the offender’s wages or bank account; or
• take steps to seize and sell the offender’s property.

Court Services will not enforce either a judgment or an order for you. To learn more about the process Read Judgments and How to Collect on a Small Claim.

Fees

• There is no fee to file enforcement documents in Small Claims Court.
• There is a fee to file these documents in Supreme Court.
• There may be other fees, such as sheriff's fees to carry out writs.

Garnishment of wages

An employer, or another person who owes the offender money, must:

• turn the money over to the court; and
• not to the offender.

When to use:

• Offender lives in the Yukon
• You know offender's employer

Garnishment of bank account

A bank turns over money held in the offender's name to the court.

When to use:

The offender has a bank account in the Yukon.

Writ of seizure and sale (Small Claims Court form #19) and writ of execution ‒ seizure and sale (Supreme Court form #45)

The sheriff seizes and sells:

• goods belonging to the offender; or
• land owned by the offender to pay the judgment; this may require a lawyer.

When to use:

• Offender has assets (cars, equipment, etc.) in the Yukon that can be seized.
• Offender holds title to land in the Yukon.

Writ of delivery (Small Claims Court form #20) and writ of execution ‒ possession or delivery (Supreme Court form #46)

The sheriff seizes a specific item which the judge ruled was being wrongfully held by the offender.

When to use:

Only if the judge made an order for the offender to return the item to you.

Find out what assets the offender has

Examination of debtor (offender) (Small Claims Court form #21) and judgment summons (Supreme Court form #49)

The offender has to go to court to answer questions under oath about their:

• intention to pay judgment;
• income; and
• assets, etc.

When to use:

• The offender lives in the Yukon.
• You don't know offender's employer.
• You don't know of, or can't find, the offender's assets.

If an offender refuses to go to court

A judge may order the sheriff or Yukon peace officers to apprehend the offender and bring them before a judge to deal with the matter in court.