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
Answered
  • 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.