court_form | California
CR-118 - Information Regarding Income Deduction Order (Pen.Code, § 1202.42)
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Information Regarding Income Deduction Order (Pen.Code, § 1202.42)
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Form ID: CR-118 Title: Information Regarding Income Deduction Order (Pen.Code, § 1202.42) Effective Date: 2005-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-118 Primary Download URL: https://www.courts.ca.gov/documents/cr118.pdf Form Detail Page: Information Regarding Income Deduction Order (Pen.Code, § 1202.42) (CR-118) Explains a court's order to deduct a portion of a defendant's income to pay restitution to a victim in the case, and states the amount that will be deducted. Get form CR-118 Effective: January 1, 2005 Go to How-to instructions for Criminal PDF Text: Form Approved for Optional Use Judicial Council of California CR-118 [New January 1, 2005] INFORMATION REGARDING INCOME DEDUCTION ORDER (Pen. Code, § 1202.42) Penal Code, § 1202.42 www.courts.ca.gov CR-118 FOR COURT USE ONLY CASE NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: INFORMATION REGARDING INCOME DEDUCTION ORDER (Pen. Code, § 1202.42) 1. The court has found that you have the ability to pay restitution and has ordered you to pay restitution in the amount of a. $ plus percent interest from the date of the order and fees of $ to all victims b. as listed in the probation report, dated (specify): c. listed in the sentencing minute order, dated (specify): Payment must be made as ordered at the hearing. 2. The court has entered an income deduction order for your employer to deduct: $ from your pay each pay period. a. The order applies to current and subsequent employers and all periods of employment. b. A copy of the income deduction order will be served on each of your employers and payers. c. Enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount owed or a showing of good cause for nonpayment. d. You are required to notify the Clerk of the Court within 7 days of a change in your address, a change in any of your employers, or a change in the address in any of your employers. e. This income deduction order will be enforced under Penal Code section 1202.42(b) only if you fail to pay the restitution as ordered at the hearing. f. Upon receipt of notice that you have failed to pay the restitution ordered at the hearing: (1) The court or its agent will request that you provide evidence that timely payments have been made or provide information establishing good cause for the failure. If you fail to provide the evidence or fail to establish good cause within 5 days of the request, you will receive notice that the order will be enforced, and the court will serve the income deduction order on each of your employers. (2) Within 15 days of being informed that the stay will be lifted, you may apply for a hearing to contest enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that you have good cause for the nonpayment. Upon the timely request for a hearing, the income deduction order will not be enforced until the hearing is held and a determination is made on whether the enforcement of the income deduction order is proper. Page 1 of 1
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Form ID: CR-118 Title: Information Regarding Income Deduction Order (Pen.Code, § 1202.42) Effective Date: 2005-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-118 Primary Download URL: https://www.courts.ca.gov/documents/cr118.pdf Form Detail Page: Information Regarding Income Ded…
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provide information establishing good cause for the failure. If you fail to provide the evidence or fail to establish good cause within 5 days of the request, you will receive notice that the order will be enforced, and the court will serve the income deduction order on each of your employers. (2) Within 15 days of…