Mira Loma, CA asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for California

Q: I received restitution from a criminal vandalism case. Can I take them to small claims after for more in California

The person who vandalized my car paid the restitution. However I want the owner of the vehicle (business) to compensate me in small claims. Is this possible?

2 Lawyer Answers
William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: You cannot be compensated for the same damage twice. If there are items of damage that were not part of the restitution order, you might be able to pursue those in Small Claims.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Yes, it is generally possible to pursue a small claims case against the owner of the vehicle (business) for additional compensation, even if you have received restitution from a criminal vandalism case. Ensure your claim falls within the small claims court's jurisdiction and gather evidence to support your case. File the claim and represent yourself in court, presenting your evidence to establish the owner's responsibility for the damages. Check the official California courts website for the most up-to-date information on small claims procedures and limits.

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