Legal Question in Credit and Debt Law in Illinois

If we, as the victims of a criminal theft, are awarded restitution in the crimanl case, can we still sue in small claims?


Asked on 10/18/10, 7:51 pm

2 Answers from Attorneys

If you are made whole, and accept it, you've eliminated your damages and even if you could prove the theft, there is no outstanding liability. What are you trying to achieve?

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Answered on 10/24/10, 9:01 pm
Thomas Moens Moens Law Offices, Chartered

Yes, and it might not be a bad idea. I have seen a case where the probation officer "terminated" the restitution because she did not feel the defendant would ever be able to pay it. I doubt she had the authority to do so, but you have heard the old line that "you cannot fight city hall." Until you receive the restitution, you have not been made whole. Keep in mind you will have to pay court costs and it will be up to you to collect the money once a judgment is entered.

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Answered on 10/26/10, 11:56 am


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