VICTIM COMPENSATION

The Michigan Crime Victims Compensation Act was enacted for the purpose of giving financial assistance to crime victims who are injured or lose income because of a crime. The Crime Victims Rights Unit will be able to answer any questions that victims may have regarding this compensation. Applications are available at our office.

To Receive Compensation

• The crime must have occurred in the State of Michigan.
• A police report must be made within 48 hours of the crime, except for good cause and the victim must cooperate with the investigation.
• The victim must have suffered actual bodily harm.
• The victim cannot have contributed to the infliction of the injury nor have been responsible for, or an accomplice to the crime.
• The victim must have at least $200 out of pocket medical or rehabilitative expenses and/or a loss of two continuous weeks of earnings or support.

Additional Information

• In the case of death, a claim may be filed by a family member. This may include funeral expenses.
• Expenses or losses covered by personal insurance or that can be paid by another source will not be covered.
• Incomplete applications can result in long delays in claim determination.
• Most claims will be processed within 4 to 6 months.
• Minimum loss requirements may be waived for victims retired by reason of age or disability and for victims of criminal sexual conduct.
• Property loss in NOT covered.

Under the Michigan's Crime Victim Rights Act, a victim may also attempt to collect unpaid restitution two different ways: The victim may attempt to garnish the Defendant's wages, bank account(s), or income tax refund. The victim would use the garnishment court forms created by the State Court Administrative Office (MC 12, MC 13, or MC 52) as found at http://courts.mi.gov/scao/courtforms/

• A garnishment would be filled in this Court in the name of the original criminal case.
• On the garnishment form, the name of the victim would be listed as the "Plaintiff name."
• All payments are to be made payable to and directed to the Court.
• There is no court filing fee.
• The judgment (for purposes of garnishment) expires when the restitution is paid in full.
• Payments that are received at the Court will be forwarded to the victim.

The victim may also file a Notice of Judgment Lien on any real property the Defendant may have (using court form MC 94).

• The Notice of Judgment Lien is filed in this Court in the name of the original criminal case.
• The name of the victim would be listed as the "Judgment creditor's name."
• There is no filing fee with the court.
• After filing the form with this Court, the victim must record the Notice of Judgment Lien with the county register of deeds where the Defendant's property is located.
• The victim will have to pay the statutory recording fee with the county register of deeds.
• The first lien will expire in 5 years and may be renewed once.