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Victim Restitution Info

The Clerk's Office is charged with the collection and distribution of restitution as payments become available. Restitution payments are issued once a month, when at least $25 is available for disbursement to a victim. Payments are disbursed pursuant to victim information listed in the criminal judgment. Restitution checks are issued by the U.S. Treasury Department and the check stub will contain case information.

Victims are responsible for notifying the Court or the U.S. Attorney’s Office of any change in their mailing address, while restitution is still owed to the victim. See: 18 U.S.C. § 3612(b)(1)(G). If Court issued checks are not negotiated or returned and the Court is not notified of an address change, funds will be sent to unclaimed funds after a year or when the case closes.

Victim Address Change

To notify the Court of a change of address, please complete the Victim Address Change Form. Instructions on how to complete the form and supporting document requirements are located on page two. Once the Court receives a properly executed form the updates will be made to payment processing. Please note it can take up to 45 days before payment is remitted to the updated address.

Victim Name Change

A payee name change must be approved by a court order. To initiate the name change process complete the Victim Name Change Form. Instructions on how to complete the form and supporting document requirements are located on page two. Please note, this form requires an original (wet) signature and must be submitted through U.S. Mail. Once received the request will be docketed under seal and the Judge will rule on the request.

If you have additional questions regarding completing, or the status of, a Victim Form, please contact the Finance Department via email at WVSDml_Financial@wvsd.uscourts.gov or by phone at (304) 347-3086.

Victim Restitution FAQs

  • I have received a check and do not know what it's for.

    Please contact the Finance Department via email at WVSDml_Financial@wvsd.uscourts.gov or phone (304) 347-3086 for additional information.

  • This is not the full amount I am supposed to receive. Where is the rest?

    The amount of money paid into the account doesn't reflect what can be paid to an individual victim when there is more than one victim. The Court cannot pay more than it has received. When payments are collected, the system distributes payments according to the Court order.

  • How often are restitution checks sent out?

    Restitution checks are paid at least once a month. Cases with sufficient funds will be issued a check, once the $25 minimum threshold is reached.

  • I received a check for a deceased victim. What should I do?

    Any restitution payment, made payable to the deceased victim, must be made by U.S. Treasury check (not EFT). An executor/executrix or administrator of a payee's estate, appointed under applicable state law, may negotiate the check. Given that restitution payments can take an extensive amount of time to be paid in full, the Court recommends you complete the Victim Name Change Form to request a name change from the deceased victim to applicable beneficiaries/heirs.

  • I haven't received a restitution check in a long time, why not?

    There are a few instances that can happen under this category:

    • If the defendant doesn't pay into the account, the Court cannot pay out any funds to the person(s) owed.
    • The Court may not have your current address. Please contact the Finance Department at WVSDml_Financial@wvsd.uscourts.gov or (304)347-3086 to be sure the Court has your current address.
  • Can you force or do something so that the defendant would make more payments or pay more money?

    If you have questions concerning enforcement of a Judgment of Conviction, please contact the US Attorney's Office, Victim/Witness Coordinator at (304)345-2200.

  • I have not received a restitution check in a long time, why not? I know a victim that has received a check for restitution, but I have not received one, why not? I am owed more restitution than what was given to me on this check, where is the rest?

    Funds are distributed pursuant to court order and based on payments received. Monies that are received are receipted into the particular case; when the amount owed reaches the minimum threshold (currently $25) for the victim's account, a check will be generated and processed. As long as sufficient funds are received, restitution checks will be generated. The Finance Department collects and disburses funds. We do not enforce payments on defendants, nor do we have authority over liens on property. For this type of information, please contact the U.S. Attorney's Office Victim/Witness Coordinator at (304)345-2200 or 300 Virginia Street, Suite 4000, Charleston, WV 25301.

  • I just received a restitution check and need more information about the check.

    If you have received a United States Treasury check from the United States District Court for the Southern District of West Virginia and are unsure of its purpose, the case number, reference number, name, the Court's phone number will be printed to the right of the date on the check. Contact the Finance Department at WVSDml_Financial@wvsd.uscourts.gov or (304)347-3086. 

For additional Information regarding victim resources, please see: Assistance and Resources for Victims (justice.gov)