Legal Question in Civil Litigation in Texas
small claims suit
A neighbor spiked our driveway which caused 3 flat tires on the car I use to take the kids to and from school. We have filed charges. If he is found guilty or pleads guilty, can I take him to small claims court to replace my tires (which were only 20,000 mile old)?
3 Answers from Attorneys
Re: small claims suit
You do not have to wait for the disposition of a criminal action to file your small claims court suit. However, you might want to wait and see what comes out of the criminal action before filing, because you might get some useful evidence or conviction evidence which may be admissible in your civil action. Remember that the burden of proof is lessor in the civil action -- "preponderance of the evidence" rather than "beyond a reasonable doubt."
Re: small claims suit
Absolutely, and you don't have to wait for the results of the criminal matter before filing in Small Claims.
Re: small claims suit
Yes you can take him to small claims court. It does not matter what he pleads in the criminal case.
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