Legal Question in Civil Litigation in Virginia

small claims court action

We had our house burglarized last year and five juveniles (16 years) were caught and charged. All five were order to pay restitution in the amount of $750 each. Only two have paid and they have only paid 1/2 the amount. One of the juveniles was sentenced to jail until he is 18 years old. Can we file a small claims action against his father for his son's portion of the restitution? Can we file small claims cases against the remaining four who have only made partial payments? We received partial settlement from our insurance company, but we had $2500 in cash that was taken but not covered under our insurance.


Asked on 6/10/08, 8:23 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: small claims court action

The fathers cannot be held responsible for the crimes or willful torts(civil wrongs) of their respective sons.

With respect to the four who are not presently incarcerated and who apparently have defaulted on their obligations, rather than small claims, the matter should be brought back before the juvenile court and a request made to have them found in contempt of the court's order and appropriate sanctions imposed.

One does this by going to the J&DR Court and filling out the forms necessary for what's called a Rule to Show Cause against each of the four.

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Answered on 6/10/08, 9:25 am


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