How to Calculate Restitution
- 1). Calculate the amount of money the plaintiff bestowed on the defendant. For example, assume the plaintiff delivered five crates of car parts to the defendant's auto shop. Add up the amount of the parts; here, assume it is $10,000.
- 2). Add up any payments made by the defendant. Restitution is offset by any money the defendant gave back to the plaintiff. Here, assume the defendant only paid $3,000 to the plaintiff for the shipment of car parts.
- 3). Subtract any payments made by the defendant from the total amount of gain bestowed on the defendant. Here, restitution damages would equal $7,000 because the shipment total was $10,000 and the defendant paid $3,000 to the plaintiff. The remaining $7,000 is owed to the plaintiff; it is an ill-gotten benefit if the defendant keeps the car parts without paying the plaintiff.
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