The police caught the culprits that severely damaged my home with damage in excess of $7,000. How do I recover for damages?
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The police have caught the person who vandalized my house, but did not set restitution fees. Is there a way I can recover money for the damages they caused?
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Answers (1)
Usually, if victim restitution is not set up by the court, you will likely have to file a civil suit to recover your economic damages. What usually happens is you will file suit against the defendant civilly, and the court will take the criminal conviction under consideration in your trial. Once the court hears the evidence, it may find that the defendant owes you money and will enter in a civil judgment for you to collect your economic damages. However, you cannot just state an amount based on what you paid; you must show the current value of the area damages, as well as repair and replacement costs.
If the court finds that you enhanced the area damaged too much (like adding a more expensive window than the one broken) it will only award damages based on the replacement cost of an item similar to the one broken, not the more valuable replacement. Depending on the state, there is a possibility that you can get a civil judgment entered for restitution without having to sue, if that person has already been found guilty and sentenced for the crime. You should speak with an experienced civil lawyer who can assist you in collecting your damages.
Posted by Bert Gonzalez on 30 Apr 2010
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