Legal Question in Criminal Law in California
Sue car thief
My car was recently stolen. The car was recovered but the thief completely demolished it. I only had liability on the car, so I don't suppose the loss will be covered by my insurance. And now I don't don't have a car to get to school. Will I be able to sue the penniless thief?
2 Answers from Attorneys
Re: Sue car thief
Absolutely, and if there is a criminal conviction, the court can order restitution for the loss of the car and related expenses, talk with the DA.
DJM
Re: Sue car thief
You can sue and can probably win, but if he's really penniless you shouldn't expect to collect on your judgment anytime soon. The low probablility of collecting means you will have a hard time finding a lawyer to represent you on a contingent fee.
As Mr. Mangan says, if the thief is convicted the court will likely order him to pay restitution. This order will be essentially equivalent to a judgment in a civil suit and will not require as much time, expense or effort on your part.
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