Legal Question in Civil Litigation in Illinois
worth a visit to small claims court?
My sister in law,in her quest to steal money from her family, fabricated an elaborate story about her enrollment with subsequent graduation from college. She never spent a day in school but this afforded her the opportunity to steal the tuition money given to her (by ''Dad'') and also yielded money in the form of graduation presents. We gave a monetary gift. We have received no apology nor reimbursement of the money. She will incur no consequences for the majority of the theft but can we take her to small claims court for the money she fraudulently obtained from us?
2 Answers from Attorneys
Re: worth a visit to small claims court?
You should be aware that proving fraud in a civil court of law normally requires a higher standard of proof, i.e., proof by clear and convincing evidence rather than the lower standard which applies to most civil cases which is proof by a preponderance of the evidence.
Re: worth a visit to small claims court?
By all means, file a suit.
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