Larceny- recovering money

[MattR]

What is the name of your state (only U.S. law)? New York

In May 2014 I hired a guy to replace the boiler in my house. I wrote him a check for $2100 for a down payment. He kept delaying the installation, finally I went to the State Police and they arrested him for grand larceny. He received a plea deal of one year in prison for petit larceny, contingent on him paying me back the $2100. He never did, so now he's facing a 2 year sentence for grand larceny. Question is, how to I recover my money? The ADA handling my case hasn't been to helpful, but I understand they are overworked and don't have time to go over little details with me in a minor case like this. Can I seize his property? Checking accounts? He is still married I believe but his wife was going to file for divorce, according to the investigator.

 

[adjusterjack]

Can I seize his property? Checking accounts?

To do that you will need to file a civil lawsuit against him. When (or if) you win a judgment, then you will be able to enforce the judgment by garnishing wages and bank accounts and attaching non-exempt property.

 

[Zigner]

To do that you will need to file a civil lawsuit against him. When (or if) you win a judgment, then you will be able to enforce the judgment by garnishing wages and bank accounts and attaching non-exempt property.

Why? There is already a court order in place.

 

[LdiJ]

Why? There is already a court order in place.

That was restitution. I do not think that restitution is the same as a civil judgment. In other words, I do not think that the OP himself can do anything to enforce the restitution, I think it all has to come from the prosecutor's office.

My home was robbed many years ago and they caught the guys red-handed. They were convicted and ordered to pay me restitution. I got a few $25 checks from the courts, but that was all. The DA told me that I could sue them civilly if I wanted to pursue collection efforts myself as well, but more or less advised me against it as they didn't believe that I would be able to collect any more than they could. It turned out to be accurate as they were both arrested again and sent to prison for a long stretch.

So, while I do believe that the OP could sue for a civil judgment as well, it would like prove to be a waste of money.

 

[Zigner]

That was restitution. I do not think that restitution is the same as a civil judgment. In other words, I do not think that the OP himself can do anything to enforce the restitution, I think it all has to come from the prosecutor's office.

My home was robbed many years ago and they caught the guys red-handed. They were convicted and ordered to pay me restitution. I got a few $25 checks from the courts, but that was all. The DA told me that I could sue them civilly if I wanted to pursue collection efforts myself as well, but more or less advised me against it as they didn't believe that I would be able to collect any more than they could. It turned out to be accurate as they were both arrested again and sent to prison for a long stretch.

So, while I do believe that the OP could sue for a civil judgment as well, it would like prove to be a waste of money.

Your story is exactly why I posted what I did. Why waste the time and money pursuing a judgment when restitution has already been ordered?

 

[MattR]

I was considering suing him in small claims court anyways, for other damages related to the incident. Could I ask for the $2100 in small claims court also, or is it already covered by the criminal court judgment/restitution? I'd like to make things as difficult as possible for this scumbag.

My understanding is restitution is 'stronger'- because it has the power of the state behind it, whereas a civil judgment could only be enforced through debt collection services.

 

[adjusterjack]

Your story is exactly why I posted what I did. Why waste the time and money pursuing a judgment when restitution has already been ordered?

Because restitution has to be enforced by the prosecutorial bureaucracy which could take years or never, especially if the guy goes to jail for not paying.

However, if he has any attachable assets a judgment will allow the victim to pursue them.

Frankly, I don't know what powers the prosecutor has, other than to just send the guy to jail.

 

[adjusterjack]

I was considering suing him in small claims court anyways, for other damages related to the incident. Could I ask for the $2100 in small claims court also, or is it already covered by the criminal court judgment/restitution?

You can include it in your lawsuit.

My understanding is restitution is 'stronger'- because it has the power of the state behind it, whereas a civil judgment could only be enforced through debt collection services.

Not true. A plaintiff who wins a judgment does not have to use a debt collection service. He can do his own collection efforts.

Unfortunately, your convict might also be a deadbeat and judgment proof.

At this point, he might come up with the money to avoid another year in jail. But there are some people who get used to being in jail that jail isn't much of a punishment for somebody who can't get a job due to a criminal record. After all, the taxpayers provide him with food, clothing and shelter. On the outside he might have to sleep in parking lots and beg on street corners.

 

[latigo]

That was restitution. I do not think that restitution is the same as a civil judgment. blah, blah, blah . . . .

Well, think again! Like Z has said twice. An Order of Restitution carries the same baggage as a civil judgment!

The victim simply files a certified copy of the order with the clerk. Judges aren't prone to issue orders that come without teeth!

 

[Zigner]

Because restitution has to be enforced by the prosecutorial bureaucracy which could take years or never, especially if the guy goes to jail for not paying.

However, if he has any attachable assets a judgment will allow the victim to pursue them.

Frankly, I don't know what powers the prosecutor has, other than to just send the guy to jail.

Not true. A plaintiff who wins a judgment does not have to use a debt collection service. He can do his own collection efforts.

Unfortunately, your convict might also be a deadbeat and judgment proof.

At this point, he might come up with the money to avoid another year in jail. But there are some people who get used to being in jail that jail isn't much of a punishment for somebody who can't get a job due to a criminal record. After all, the taxpayers provide him with food, clothing and shelter. On the outside he might have to sleep in parking lots and beg on street corners.

I see that you advise based on both sides of the coin

 

[quincy]

Here is a link to New York's laws on Fines, Restitution and Reparation and how to collect: http://ypdcrime.com/cpl/article420.htm