File Warrant in Debt NOW..or after Criminal Case?

[stuffstolen]

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

Hello,

I attempted to sell my home theater system and unfortunately accepted a check (in person). It was fraudulent / received a stop payment and I never received the issued amount of $4800 for my equipment.

Several months later the defendant was arrested and a preliminary hearing date was set. That date has since received a continuance a month and half away.

The detective thinks my equipment is long gone (although from my research this may not be the case) and is no longer attempting to recover the goods, but is seeking restitution through plea bargaining at the hearing (that is his plan anyways). He wants me to wait until after the criminal case to pursue the defendant civilly.

Initially I said ok. However now, after consulting some other opinions, I feel it might be in my best interest to get the civil case started now and I'm really thinking about starting it.

Is there any significant reason I should wait? I realize if he is convicted criminally that will help my civil case...but I think I have enough evidence (bill of sale, photograph of truck on location, eyewitness, fake contact info) to hold up civilly just fine.

Thanks!

 

[tranquility]

Because of the issue of the 5th amendment and testifying against one's self, the court will stay your case until the conclusion of the criminal trial in the first place. In the second, if you can be compensated for your loss through the work of the state, wouldn't that be better than paying for a civil trial?

 

[stuffstolen]

Good points, that does make sense.

It's just aggravating to me that he's sitting around (probably) with that system and I can't have a search warrant or something issued for it! Grr!

But hey, who said life was fair?

Thank you!