A. The court, when ordering restitution pursuant to § 19.2-305.1, may require that such defendant, in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense, (i) return the property to the owner or (ii) if return of the property is impractical or impossible, pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.
B. An order of restitution shall be docketed, in the name of the Commonwealth, or a locality if applicable, on behalf of the victim, as provided in § 8.01-446 when so ordered by the court, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. An order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The clerk shall record and disburse restitution payments as provided in subsection D of § 19.2-305.1 and subsection A of § 19.2-354 in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. At any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim. The circuit court clerk shall remove from its automated financial system the amount of unpaid restitution upon docketing the assignment. If a judge of a district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution upon sending the order to the circuit court clerk. If the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. When a judgment for restitution previously docketed in the name of the Commonwealth or a locality is ordered to be assigned to the victim, the court shall provide notice of such order to the defendant at the defendant's last known address and shall include the mailing address provided by the victim. Enforcement by a victim of any order of restitution docketed as provided in § 8.01-446 is not subject to any statute of limitations. Such docketing shall not be construed to prohibit the court from exercising any authority otherwise available to enforce the order of restitution.
1988, c. 679; 1989, c. 386; 2017, cc. 786, 814; 2018, c. 736; 2021, Sp. Sess. I, cc. 190, 393.
Notes of Decisions
Tammy Mae Frazier v. Commonwealth, 460 S.E.2d 608 (Va. Ct. App. 1995).
· cites it 25× “Code § 19.2-305.2 authorizes the trial court to order the restitution order "docketed as provided in § 8.”
Duff v. Commonwealth, 429 S.E.2d 465 (Va. Ct. App. 1993).
· cites it 2× “1 does not mandate full restitution as a condition of a suspended sentence, and Code § 19.2-305.2 permits the court to authorize the victim to enforce the order of restitution in the same manner as a judgment in a civil action.”
Landes v. Commonwealth, 561 S.E.2d 37 (Va. Ct. App. 2002).
· cites it 6× “” Code § 19.2-305.2 permits a sentencing court to order restitution, if the return of the property is impossible or impractical, by paying “an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of…”
Harold Baugh, s/k/a Harold J. Baugh v. Commonwealth of Virginia (Va. Ct. App. 2019).
· cites it 10× “2 This Court has previously held that a trial court does not abuse its discretion when, pursuant to Code § 19.2-305.2, it includes in restitution the amount remaining on an unpaid loan on damaged or destroyed property.”
Gloria Ann Fleming v. Commonwealth of Virginia (Va. Ct. App. 2026).
· cites it 6× “ANALYSIS Fleming argues that Code § 19.2-305.2(A) permits a court ordering restitution to require the defendant to “pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.”
Commonwealth v. Mehryar, 57 Va. Cir. 496 (2000).
· cites it 14× “rt has no authority to assess interest on unpaid restitution unless: (i) the restitution order expressly provides for interest, (ii) judgment has been entered in favor of the victim, or (iii) the restitution order is docketed in the judgment docket maintained by the Clerk of the…”
Commonwealth v. Oliver, 48 Va. Cir. 492 (Arlington Cir. Ct. 1999).
· cites it 6× “This motion was filed under the provisions of Va. Code §§ 19.2-305.2(B) and 8.01-446 by Ms.”
Charlie Luther Wilson, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2016).
· cites it 2× “” The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government.”
— Va. Code Ann. § 19.2-305.2(8) — 1 case
Commonwealth v. Mehryar, 57 Va. Cir. 496 (2000).
“rt has no authority to assess interest on unpaid restitution unless: (i) the restitution order expressly provides for interest, (ii) judgment has been entered in favor of the victim, or (iii) the restitution order is docketed in the judgment docket maintained by the Clerk of the…”
— Va. Code Ann. § 19.2-305.2(A) — 3 cases
Gloria Ann Fleming v. Commonwealth of Virginia (Va. Ct. App. 2026).
“ANALYSIS Fleming argues that Code § 19.2-305.2(A) permits a court ordering restitution to require the defendant to “pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.”
— Va. Code Ann. § 19.2-305.2(B) — 4 cases
Tammy Mae Frazier v. Commonwealth, 460 S.E.2d 608 (Va. Ct. App. 1995).
“Code § 19.2-305.2 authorizes the trial court to order the restitution order "docketed as provided in § 8.”
Commonwealth v. Mehryar, 57 Va. Cir. 496 (2000).
“rt has no authority to assess interest on unpaid restitution unless: (i) the restitution order expressly provides for interest, (ii) judgment has been entered in favor of the victim, or (iii) the restitution order is docketed in the judgment docket maintained by the Clerk of the…”
Commonwealth v. Oliver, 48 Va. Cir. 492 (Arlington Cir. Ct. 1999).
“This motion was filed under the provisions of Va. Code §§ 19.2-305.2(B) and 8.01-446 by Ms.”
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