restitution from defendant arrested on my stolen vehicle.

[jelgin]

What is the name of your state ? Missouri

After having my Motorcycle stolen from my garage 2 1/2 years ago a guy was arrested this week riding' it in a neighboring county. I was able to recover it from a tow yard after paying a large bill. there is extensive damage but may not be more than its total worth.
can I ask the prosecutor for restitution for damages as well as tow expenses, VIN number changes, and payments i made on the bike while stolen?
It is important to note that this was not under full coverage insurance so I have been out the money and there is no claim of ownership by the insurance company.

Or is this a situation that will have to be brought to Civil court as my damages exceed small claims amount?

Any help would be much appreciated.

[JETX]

You can certainly ask the prosecutor to consider including restitution but there is no requirement that he do so.
If the thief has non-exempt assets to pursue, you might consider a separate lawsuit to try to recover your damages (though I doubt that everything you mention could be compensable).

[HelpinMN]

You could ask for restitution but you will likely never see it. When I had my motorcycle stolen in college the cop said if I wanted I could ask the prosecutor to include restitution of my insurance deductable as part of the sentencing, but all that would do is put a judgement on the kids record so it would screw up his credit. Its been 3 1/2 years and im still waiting for it

[jelgin]

I guess it comes down to whether restitution is the preferable avenue to recoup losses vs. a lawsuit.

If I have to higher an attorney and by some chance he takes it on a contingency basis then great, but it seems that in most of these instances the defendant is not worth much or has little assets. so??

anybody generally know the rules for what restutiution can include?

[garrula lingua]

Ask the Prosecutor to have the Judge order restitution.
The order should state a specific amount due on a specific date (it's usually only about $50 a month).

If you don't receive the money, call the Prosecutor's office and ask the prosecutor to file a violation of probation on the non-paying defendant.

If the Court orders restitution, it can't be written off in a bankruptcy. If you file a civil case, it can be charged off in bk.

You're not out much (some time, the bills, and an explanation of damages & a statement that the bike was not damaged in that manner when taken) by going through the Prosecutor.
It's also easier to get restitution (and you can get a Judgment for unpaid restitution) through criminal court, as the person usually agrees per a plea bargain (no burden of proof on you to make the connection between the damage and the individual who was ultimately found with the bike [anyone could have damaged it]).

Good luck. Hopefully you'll recover some of your loss.

[jelgin]

Thanks to all for your input.
I think I have pretty sound path to pursue now.
J

[seniorjudge]

Originally Posted by garrula lingua

Ask the Prosecutor to have the Judge order restitution.
The order should state a specific amount due on a specific date (it's usually only about $50 a month).

If you don't receive the money, call the Prosecutor's office and ask the prosecutor to file a violation of probation on the non-paying defendant.

If the Court orders restitution, it can't be written off in a bankruptcy. If you file a civil case, it can be charged off in bk.

You're not out much (some time, the bills, and an explanation of damages & a statement that the bike was not damaged in that manner when taken) by going through the Prosecutor.
It's also easier to get restitution (and you can get a Judgment for unpaid restitution) through criminal court, as the person usually agrees per a plea bargain (no burden of proof on you to make the connection between the damage and the individual who was ultimately found with the bike [anyone could have damaged it]).

Good luck. Hopefully you'll recover some of your loss.

And, I might add, if the defendant doesn't make the restitution payments, he could go to jail! That's a nice incentive.