Q: We've been named publicly as victims in a fraud case. We have a case number etc. Do we still need to file in small
claims court to secure a judgement for restitution? We sent all our info into the state Attorneys office. Any thing more we should do. We were scammed out of $6,000 dollars. sm. Claims only goes to $5K...but 5 is better than none. Advice? We are both over 65. Roofer took 50% cash deposit, never started work after 5 months.
A: If the state attorney is already prosecuting the case, any plea offer or sentence to be imposed will involve restitution being paid back to you. Call the state attorney and get a status on where the case is as far as being resolved or going to trial.
A: Even though a criminal case is filed, you will receive restitution only if the defendant is convicted at trial or enters a plea. Assuming the criminal case resolves itself, you will not need to file a civil suit if you receive restitution for your loss. However, if you are worried that the Defendant may be acquitted of the charges, then you would file a civil action to protect yourself. Please be advised that a civil suit will be governed by the statute of limitations. In other words, if you wait too long to file the civil suit, you may be barred from bringing any action against the defendant. Since this is a cost benefit analysis, most people, in your situation, will let the State Attorney's office handle the matter.
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