Legal Question in Civil Litigation in Michigan
Following a conviction or plea deal in a criminal matter involving theft of personal property of more than $200 but less than $1000 can a civil action be brought for recovery where restitution was not ordered in the criminal matter?
Asked on 7/10/12, 11:16 am
2 Answers from Attorneys
William Stern
William Stern, P.C.
Yes. If restitution was ordered in the criminal case, you would likely get credit for amounts paid in the criminal case. However, since the restitution issue was not addressed in the criminal case, you can be sued in a civil court.
Answered on 7/10/12, 12:04 pm
Timothy Klisz
Klisz Law Office, PLLC
Yes, for sure. The liability for the civil action is automatic from the plea or conviction. The damages are the actual losses.
Answered on 7/10/12, 10:22 pm
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