Legal Question in Civil Litigation in New Mexico

Re: Stolen truck, Now What?

You have two options: usually the state will make as a condition of probation in the criminal case a requirement that the defendant must pay back the money (if he doesn't, his probation gets revoked and he may go to jail). This is usually your best remedy, because you don't have to do anything. Alternatively, you can go to small claims court and sue him directly, but you'll have to prove that he did it.

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Re: Stolen truck, Now What?

Be SURE to stay on top of the prosecutor (assistant

district attorney, I suppose) and the schedule for that case

and make sure they keep to their dates and make sure to be available

for any date he might be in court ready to go to trial so that

you can testify against him, assuming you're a required witness,

as I do. I have a client who, before he met me, lost just such

a case because the cop forgot to let him know the court date and

then the judge dismissed the case without the star witness, my

client. Don't let that happen. If they convict him, the court

may well also order him to pay you back, perhaps with interest,

to stay out of jail. It's better to let the State help you than to

have your own lawyer spend your money on a seperate civil suit that

won't have the same teeth behind it.

It's not a bad idea, though, to try to keep a local lawyer involved

(with a minimal retainer) for other reasons. 1) The state's case may

fall through for a variety of reasons; you'd have to start a civil suit

after all. 2) A good lawyer will have the tools useful to find this

fellow's assets and make sure they don't walk away just before trial ....

Good luck to you. Sounds rough. My client's truck got crushed into a tree

by the drunken theif, then was towed to a tow yard, and there mysteriously ended

up in flames.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Stolen truck, Now What?

You can probably sue in small claims court but be careful. The criminal court may not order restitution

if you file a civil action. In civil the courts believe that you can't get blood from a stone. In criminal the

courts often get the blood from the stone at the threat of jail.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road