File No. (TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA In The General Court Of Justice District Superior Court Division County STATE VERSUS RESTITUTION UPDATE WORKSHEET, NOTICE AND FINDINGS Name Of Defendant Date Of Judgment Suspending Sentence Name Of County Of Origin (REVOCATION OR TERMINATION OF PROBATION) G.S. 15A-1340.38 Offense(s) NOTE: Parts I, II and III must be completed and presented to the judge presiding at the hearing at which probation revocation or termination is being considered. The procedure for completing this form shall be determined by local policy of the Court. Use this form to compute balance of restitution due on revocation or termination of probation. Use the "Restitution Worksheet, Notice And Order (Initial Sentencing)," AOC-CR-611, to compute and order restitution when the defendant is initially sentenced. Use Side Two of this form only when there are Victims Rights Act victims for whom restitution in an amount in excess of $250.00 was initially ordered. I. TOTAL RESTITUTION TO BE PAID BY DEFENDANT Requested: NOTE: Enter sum of all restitution ordered in Parts II and III. Also enter this amount on criminal judgment. $ Granted, If Different: $ II. VICTIMS RIGHTS ACT VICTIMS NOTE: List every Victims Rights Act victim for whom restitution in excess of $250.00 was ordered in Part III and IV of the Restitution Worksheet And Order (Initial Sentencing), AOC-CR-611, that is attached to the original criminal judgment in this case. BALANCE DUE ON RESTITUTION VICTIM INFORMATION Name And Address Requested: $ Granted, If Different: $ Telephone No. Social Security No Name And Address Requested: $ Granted, If Different: $ Social Security No Telephone No. Name And Address Requested: $ Granted, If Different: $ Social Security No Telephone No. III. OTHERS FOR WHOM RESTITUTION ORDERED NOTE: List here all other Victims Rights Act victims and aggrieved parties for whom restitution was ordered in the "Restitution Worksheet, Notice And Order (Initial Sentencing)," AOC-CR-611, that is attached to the original criminal judgment in this case. BALANCE DUE ON RESTITUTION AGGRIEVED PARTY INFORMATION Name And Address Requested: $ Granted, If Different: $ Social Security No Telephone No. Name And Address Requested: $ Granted, If Different: $ Social Security No AOC-CR-612, Rev. 10/2000 2000 Administrative Office of the Courts Telephone No. (Over) 2001 © American LegalNet, IV. FINDINGS AND NOTICE The defendant was placed on probation pursuant to the Judgment Suspending Sentence identified on the reverse side and was ordered as a condition of probation to pay restitution to each of the Victims Rights Act victims or aggrieved parties named in Parts II and III on the reverse side. The Court FINDS that the balance due and payable on this date to each such victim is the "Balance Due on Restitution" shown opposite that victim's name in Part II. The Court FINDS that the balance due and payable on this date to each such aggrieved party is the "Balance Due on Restitution" shown opposite that aggrieved party's name in Part III. The Clerk of Superior Court of the county of origin is hereby NOTIFIED that the defendant's probation was revoked or terminated on this date and that the "Balance Due On Restitution" shown in Part II on the reverse side for each such victim may now be collected by execution on the judgment docketed against the defendant in favor of the victim when the defendant was placed on probation in this case. Date Name Of Judge (Type Or Print) Signature Of Judge NOTE TO CLERK: If your county is not the county of origin, send the original of this Restitution Update Worksheet, Notice And Findings, and of the Judgment or Order to which it is attached, to the Clerk of Superior Court of the county of origin, and retain a copy for your files. NOTE TO CLERK OF COUNTY OF ORIGIN: Retain original of this Restitution Update Worksheet, Notice And Findings, and of the Judgment or Order to which they are attached, in the criminal file. Provide a copy to your bookkeeping department. If Parts I and II are completed, provide a copy to your civil department. NOTE TO BOOKKEEPER: If the defendant's probation is revoked and the Court recommends the payment of any restitution, fine, costs or attorneys' fees as a condition of post-release supervision or from work release earnings, update the amounts shown for those items in the bill of costs in the Financial Management System. If the Court does NOT recommend the payment of any restitution, fine, costs or attorneys' fees as condition of post-release supervision or from work release earnings, or if the defendant's probation is TERMINATED, zero out all amounts showing as still payable for those items in the bill of costs in the Financial Management System. NOTE TO CIVIL DEPARTMENT: (1) For each civil judgment that was docketed against the defendant in favor of a Victims Rights Act victim named in Part II on the reverse side, do the following: (a) manually update the abstract of judgment in your docket book so that the balance due on the judgment is equal to the "Balance Due On Restitution" shown in Part II of this form, (b) Make and date the following notation on the right hand side of the entry: "Interest accrues from [enter date in Part IV above] and execution may be issued at the request of the victim, per judicial finding entered in criminal case." (c) Send the NOTICE TO VICTIMS to each victim for whom the "Balance Due On Restitution" in Part II is greater than zero, at that victim's current address as shown in VCAP. (2) Docket any attorney's fee judgment entered in this case, and then credit all payments already applied to attorney's fees out of payments made by the defendant while on Date Notice Mailed To All Victims Signature Of Person Mailing Notice NOTICE TO VICTIMS FROM CLERK OF SUPERIOR COURT TO EACH OF THE VICTIMS RIGHTS ACT VICTIMS NAMED IN PART II ON THE REVERSE SIDE. The defendant's probation has been revoked or terminated in the case identified by the File No. shown at the top on the reverse side of this Notice. The Court has found that, on the date of revocation, the defendant owed you the "Balance Found By Court" shown next to your name on the reverse side of this Notice. The "Balance Found By Court" earns interest from the date in Part IV above until paid in full. The rate of interest is set by statute and is currently eight per cent (8%) per year. The interest is simple interest and is NOT compounded at any time. A judgment in your favor against the defendant was entered in the records of this office when the defendant was originally convicted and placed on probation. As a result, the defendant's obligation to you under that judgment is secured by a lien on all the real estate in this county that was owned by the defendant on the date when the judgment was recorded. The lien also attaches to all real estate that the defendant acquires in this county at any time within ten (10) years after that date. No one may obtain clear title to any of that real estate unless your judgment is paid in full, with interest and any costs incurred before it is sold. Upon your request, this office will issue an execution on this judgment. An execution is an order directing the sheriff to search for any of the defendant's personal property that is located in this county, to seize it, to sell it, and to apply the proceeds to your judgment. If the defendant's personal property is not sufficient to satisfy your judgment, the execution directs the sheriff to sell any real estate titled in this county in the name of the defendant, and to apply the proceeds to your judgment. This office is required by statute to charge a fee for issuing an execution. The current fee is fifteen dollars ($15.00) and is subject to change by the General Assembly at any time. In addition, the sheriff is required by statute to charge a fee for attempting to serve an execution. The current fee is five dollars ($5.00) and is also subject to change by the General Assembly at any time. These fees must be paid in advance before an execution will be issued. Finally, if the sheriff collects anything from the defendant, or sells any of the defendant's property, the sheriff is entitled to recover the costs of the sale and a commission, which will be deducted from the proceeds before they are paid to you. If the defendant's crime against you was committed before July 1, 1999, the defendant may claim certain property as exempt from sale under any execution issued on your judgment. The amounts of these exemptions are set by statute depend to some extent on the nature and extent of the defendant's property. Regardless of when the defendant's crime against you was committed, you may wish to inform yourself about the nature and extent of the defendant's property before asking us to issue an execution, since you will pay fees even if the sheriff is unable to find any property of the defendant in this county. AOC-CR-612, Side Two, Rev. 10/2000 2000 Administrative Office of the Courts 2001 © American LegalNet,