O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered. The fact of restitution or a restitution order under this article shall not be placed before the jury on the issue of liability. If the amount of restitution made is in dispute and liability is established, the court shall order further appropriate proceedings to determine the amount of setoff.
History
Code 1933, § 27-3011, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.
Annotations
Editor’s notes. - Ga. L. 2005, p. 88,
§ 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’ ’’
JUDICIAL DECISIONS Restitution is not synonymous with civil damages. Morrison v. State, 181 Ga. App. 440, 352 S.E.2d 622 (1987). Cited in Jones v. State, 246 Ga. App.
857, 542 S.E.2d 584 (2000); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).
Notes of Decisions
Cited in
11
cases, 1985–2010 · leading case:
Garrett v. State, 333 S.E.2d 432 (Ga. Ct. App. 1985).
Garrett v. State, 333 S.E.2d 432 (Ga. Ct. App. 1985).
· cites it 2× “While an order of restitution in a criminal case “shall not bar any civil action against the offender,” OCGA § 17-14-11, the restitution mechanism is an attempt to avoid the necessity of a separate civil action and to determine the amount of loss caused by the criminal act in…”
Harris v. State, 413 S.E.2d 439 (Ga. 1992).
· cites it 2× “440, 441 ( 352 SE2d 622 ) (1987); see OCGA § 17-14-11. The amount of the victim’s damages is only one factor for a court to consider in determining the amount of restitution.”
Morrison v. State, 352 S.E.2d 622 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 17-14-11. Another line of cases which bear more directly on the reasonableness issue are those which hold that the trial court cannot impose conditions which involve third persons over which the probationer has no control.”
Patterson v. State, 658 S.E.2d 210 (Ga. Ct. App. 2008).
· cites it 2× “OCGA § 17-14-11. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered.”
Total Supply, Inc. v. Pridgen, 598 S.E.2d 805 (Ga. Ct. App. 2004).
· cites it 2× “OCGA§ 17-14-11. “However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered.”
Woods v. State, 422 S.E.2d 670 (Ga. Ct. App. 1992).
· cites it 2× “See OCGA § 17-14-11, which provides that an order of restitution in a criminal case “shall not bar any civil action against the offender.”
Harris v. State, 410 S.E.2d 123 (Ga. Ct. App. 1991).
· cites it 2× “Restitution, if awarded, also can be less than a victim’s damages (OCGA § 17-14-9), and does not bar any civil action against the offender (OCGA § 17-14-11). Thus, under the law and policy of this state and as recognized by our court in Morrison v.”
Jones v. State, 542 S.E.2d 584 (Ga. Ct. App. 2000).
· cites it 2× “See OCGA § 17-14-11. In a civil action, Jones’ ability to pay would not be relevant to the amount of damages awarded.”
Ltd., Inc. v. Learning Childbirth Ctr., Inc., 566 S.E.2d 411 (Ga. Ct. App. 2002).
· cites it 2× “Jones, supra at 861 ; OCGA § 17-14-11. In fact, as we noted above, LCC did file a separate civil action alleging claims of negligent hiring, supervision, retention, and *692 entrustment against the Limited based on its employment of Hensley.”
Coble v. Shepherd, 2008 OK CIV APP 71 (Okla. Civ. App. 2008).
“the amount of such restitution shall be set off against any subsequent independent civil action"); Ga. Code Ann. § 17-14-11 (1985) ("... any payments made by an offender to a victim under an order for restitution may be a set off against any judgment awarded to the victim in a…”
Wright v. State, 690 S.E.2d 259 (Ga. Ct. App. 2010).
· cites it 2× “See also OCGA § 17-14-11. Neither Patterson nor the restitution statute, however, addresses whether a defendant may set off amounts paid by a third party to compensate the victim against any restitution the defendant was ordered to pay.”
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