Legal Question in Business Law in New York

criminal filing?

i was wondering if there was a difference in filing criminal and civil complaints? or do i have to go to different locations to file?

if i file a criminal complaint and the person refuses to pay the damages, what happens?

also, if i win, would i receive all of my funds at once or in partial payments?


Asked on 1/16/09, 12:43 pm

2 Answers from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: criminal filing?

I think I just answered your question a moment ago - I apologize if I'm mistaken. You cannot file a criminal complaint in a civil matter. The District Attorney's Office simply won't accept the filing. They already are overwhelmed with complaints of murder, arson, burglary, DWIs, rape, larceny, etc., etc.

If you win, the Defendant may chose to pay you or may not. Many defendants have little or no assets and are not afraid of a judgment. It will be your job to find those assets and levy on them.

The Court system in New York is not what you see on T.V. It is very tedious and complex - even for us attorneys! I urge you to consult a lawyer before taking things into your own hands.

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Answered on 1/16/09, 12:55 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: criminal filing?

You can file both.

Sincerely,

Patricia Martin-Gibbons

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Answered on 1/16/09, 1:33 pm


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