Create your free account now! Sign up

Re: Small Claims or Attorney?

Well it isn't about getting paid twice. Somethings are calculated in civil and not in criminal. Per say sometimes when restitution is calculated they calculate actual costs and not interest. However, you can calculate interest in civil and have that paid as well, and if you notice in the opinion it states judgement should be adjusted based on what was already paid. That doesn't mean what is ordered in criminal but what has been paid toward restitution. Small claims is civil as well but because of statute usually being at a cap of $5000.00 to file in small claims, they usually want you to wait it out. But if you can file suit for more like suffering and mental distress based on the economic hardship then you would file for more than $5000.00 and would file in circuit or district depending on state. And I have restitution owed to me and not one dime has been payed for three years, so people avoid payment in both courts. However, I had to file civil in order to eventually get a writ of execution so I can file for liens.
This is CABL.com posting #342798. Tiny Link: cabl.co/mbBla
Posted in reply to: Re: Small Claims or Attorney? by EshoreJoe
There are 2 replies to this message
Re: Small Claims or Attorney? EshoreJoe 4/27/2012 1:21:29 PM
Re: Small Claims or Attorney? EshoreJoe 4/27/2012 1:08:45 PM