Legal Question in Civil Litigation in Maryland
Civil Case Question
My family and I were scheduled to go on a vaction to Hawaii sponsered by my daughters dance school. The trip was scheduled for June 20th,2007-June 30th,2007. The day before we were scheduled to leave the director of the school was hospitalized and the trip was cancelled. We were told that it was a ''group trip'' and if she couldn't go than no one could go. We received a letter in August from the school's lawyer telling us it would take approx. 120 days to get our money back since than we have not heard any other information. Yesterday I called her lawyer to find out the status of my refund and was informed that the States Attorney was involved now and they would not be able to do anything to get our money back until the criminal stuff was settled. he told me that some of the other people that were going had filed a criminal case against the school and the director. So we just had to wait to see what happened with that situation. My question is since I am not one of the people that filed the criminal case do I still to wait for the resolution of that before getting my refund?
3 Answers from Attorneys
Re: Civil Case Question
You don't have to wait, but the alternative is to file a civil suit against the party who apparently is refusing to refund your money. The school may also be a victim here if they hired a charter company to put this trip together. If they are outside of MD, you may have to pursue this party where they are located. In any event, if the state's attorney proceeds with a prosecution, they would presumably seek restitution if they obtain a conviction, and that might well be your best opportunity to recover your money.
Re: Civil Case Question
It is likely that restitution is being sought as part of the criminal charge/possible conviction. At this point it is speculative as to whether this is going to occur or whether payment will be made on such judgment. If you are considering this as a potential avenue for recovery then you may want to contact the State Attorney's office and become part of the action, thereby ensuring your representation through their process.
You also have an option of bringing your own civil action.
Any action would require coordination with the State Attorney as a judgment that they may acquire may not be satisfied, if at all, and any resulting recovery would need to be allocated.
You may want to discuss your options with an attorney so that the underlying details can be reviewed.
Re: Civil Case Question
It is likely that restitution is being sought as part of the criminal charge/possible conviction. At this point it is speculative as to whether this is going to occur or whether payment will be made on such judgment. If you are considering this as a potential avenue for recovery then you may want to contact the State Attorney's office and become part of the action, thereby ensuring your representation through their process.
You also have an option of bringing your own civil action.
Any action would require coordination with the State Attorney as a judgment that they may acquire may not be satisfied, if at all, and any resulting recovery would need to be allocated.
You may want to discuss your options with an attorney so that the underlying details can be reviewed.
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