Code of Alabama - Title 41: State Government - Section 41-9-85.3 - Civil action by victim of crime - Restitution or money damages

Section 41-9-85.3 - Civil action by victim of crime - Restitution or money damages.

(a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent jurisdiction to recover restitution or money damages, or both, from the convicted individual who committed the crime or the individual's representative.

(b) Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section is not subject to execution or enforcement against the first one thousand dollars ($1,000) deposited into an inmate or prisoner account to the credit of an inmate.

(c) In actions seeking relief pursuant to subsection (a), the claim must not be considered as having accrued until: (1) the actual discovery of the profits or funds; or (2) actual notice received from or published by the Securities Commission of the discovery of the profits or funds, whichever occurs first, after which a victim of a crime must have five years within which to prosecute the action.

(Act 2019-538, §2.)

Last modified: May 3, 2021