small claims court for theft?

[raina04]

What is the name of your state? California

I recently had my wallet stolen from my car. The woman went on a major shopping spree, but luckily they caught her. Unfortunately, they released her on her own recognizance and she failed to appear in court to announce her plea. (There were video tapes showing her writing the checks and using the credit cards.) Anyway, I have had to take about 3 days off work and have spent countless evenings closing and reopening accounts, many trips to the bank to straighten out fraudulent charges. Many phone calls and written letters to companies demanding that I pay for the bad check that "I" wrote. My question is, can I take her to small claims court for all of this? Lost wages, lost time, lost checks, etc. I know she wouldn't show up and even if she did, she wouldn't pay, but it really irks me that she has gotten away with this and I'd like to know what I can do.

thank you!

Raina04

 

[stephenk]

do you know where she lives or works? How will you serve her?

 

[raina04]

I have the address she gave the police. As far as working, it probably wouldn't surprise anyone to read that she doesn't work.

Raina04

 

[raina04]

I forgot to answer your second question. I don't know how I would serve her. Whichever method would be best in this situation.

Raina04

 

[racer72]

You will be wasting your time. If she isn't going to show for a mandatory court appearance, she won't show up for small claims court either. If you win you won't collect, she probably has no assets and as you stated, no job. That means you can't garnish wages. Chalk this up as a learning experience and never leave your wallet in your car again.

 

[raina04]

Yes, I've certainly chalked it up to a learning experience. It sure is unfortunate how easy it is for criminals to get away with crimes. No wonder identity theft and and fraud are such a growing problem in this country. Unless a criminal murders someone, they just are not held accountable for their actions-law abiding citizens are forced into picking up the pieces and cleaning up the mess. You are probably right, it's a losing battle and I'll just have to join the ranks of those who have given up on fighting back.

Thanks for your help.

Raina04