Legal Question in Civil Litigation in Illinois
Vandalism to a personal vehicle
How does one receive compensation for intentional damage** committed by a known individual to their vehicle?
*There is a criminal case pending - will this case acknowledge and award the damages owed to the individual?
*If not, at what point does one file a small claims case (i.e. Is it necessary to await judgement on the criminal case?)
*Is it possible to submit court transcripts in lieu of having the eyewitness endure a second trial?
**pouring of a caustic substance onto the vehicle thereby stripping the paint down to the bare metal
1 Answer from Attorneys
Re: Vandalism to a personal vehicle
It is possible that if there is a plea agreement in the criminal case, that the court may order restitution to you, otherwise, you can file a Small Claims Case at any time. However, the Defendant could assert his fifth amendment rights if the criminal trial is not over.
Unfortunately, transcripts will not be sufficient in the civil case. The witnesses will have to testify.
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