I’m Just a Civil Judgment

Many of you probably remember the “I’m Just a Bill” segment from the Schoolhouse Rock! series. It explained—through a musical number that will be stuck in your head all day—how a bill becomes a law. I didn’t compose a song, but in today’s post I’ll attempt to explain what actually happens to the thousands of civil judgments entered for various monetary obligations in criminal court. First of all, which criminal monetary obligations may be docketed as a civil judgment? In my opinion, only those for which the General Assembly has expressly authorized the practice.  As discussed here, there are different statutes for each type of obligation. Costs, fines, and penalties may be docketed civilly upon default under G.S. 15A-1365. Restitution for offenses covered under the Crime Victims’ Rights Act (CVRA) in excess of $250 shall be docketed under G.S. 15A-1340.38. There is no statutory authority to docket restitution as a civil judgment in other cases. State v. Scott, 219 N.C. App. 652 (2012) (unpublished) (“Here, Defendant was not convicted of a crime which entitles a ‘victim’ to restitution under the Crime Victims' Rights Act. See N.C. Gen. Stat. § 15A–830(a)(7) (2011) (defining ‘victim’ for purposes of the Crime Victims' Rights Act as ‘[a] person against whom there is probable cause to believe’ one of the listed crimes was committed). Thus, we agree the trial court did not have authority pursuant to N.C. Gen. Stat. § 15A–1340.38(b) to docket the restitution against Defendant as a civil judgment.”). Attorney fees, including the $60 attorney appointment fee, unlike other [...]