Iowa Code 910.10 – Restitution lien
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1. The state or a person entitled to restitution under a court order may file a restitution lien.
Terms Used In Iowa Code 910.10
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- restitution: means fines, penalties, and surcharges. See Iowa Code 910.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim: means a person who has suffered pecuniary damages as a result of the offender's criminal activities. See Iowa Code 910.1
2. The restitution lien shall set forth all of the following information, if known:
a. The name and date of birth of the person whose property or other interests are subject to the lien.
b. The present address of the residence and principal place of business of the person named in the lien.
c. The criminal proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court’s file number.
d. If applicable, any juvenile delinquency proceeding pursuant to which the lien is filed, including only the name of the court, the title of the action, and the court’s file number.
e. The name and business address of the attorney representing the state in the proceeding pursuant to which the lien is filed or the name and residence and business address of each person entitled to restitution pursuant to a court order.
f. A statement that the notice is being filed pursuant to this section.
g. The amount of restitution the person has been ordered to pay or is likely to be ordered to pay.
3. A restitution lien may be filed by any of the following:
a. A prosecuting attorney in a criminal proceeding in which restitution is likely to be sought after the filing of an information or indictment. At the time of arraignment, the prosecuting attorney shall give the defendant notice of any restitution lien filed.
b. A victim in a criminal proceeding after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.
c. A victim in a juvenile delinquency proceeding after restitution has been determined and ordered by the juvenile court and the juvenile offender has been discharged from the jurisdiction of the juvenile court due to reaching the age of eighteen years.
4. The filing of a restitution lien in accordance with this section creates a lien in favor of the state and the victim in any personal or real property identified in the lien to the extent of the interest held in that property by the person named in the lien.
5. This section does not limit the right of the state or any other person entitled to restitution to obtain any other remedy authorized by law.