Legal Question in Criminal Law in Florida

Re: Home Robbery

There is no way to file a "personal lien" without first filing a lawsuit and obtaining a judgment. Generally, it is not worth the time and money since the person is unlikely to earn enough money or accumulate enough money to repay the debt. Good luck.

Re: Home Robbery

You can file a suit against him for civil theft, requiring him to pay you 3x the amount stolen if he does not provide it all back within a certain period. Attorney fees and costs are also recoverable.

Re: Home Robbery

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No, you have no right to file a lien for anything. What you can do is file a suit for civil theft and seek treble damages (3 times the amount of the loss). Once you obtain a judgment, you can then record the judgment in the public records of the county in which he lives and it will serve as a lien against real property. Unfortunately, you must garnish any other asset through legal means.

Also, you can speak with the prosecuter in the criminal case and ask for the son to have to compensate you for any losses as a condition of any sentencing.

Scott R. Jay, Esq.

Re: Home Robbery

A civil lawsuit can be filed, but the criminal sentence should also include and require restitution to the victim for any damages. Contact the State Attorney to make sure all your damages are included.