Can a civil lawsuit be used to recover restitution?

Civil recovery is an action separate from the criminal prosecution, and filing a civil action does not preclude you from requesting restitution in the criminal case. So, if you believe the fraud perpetrator has assets, you may be able to recover some losses through a civil lawsuit.

How does criminal restitution work in the state of Florida?

Criminal restitution and civil damages are distinct remedies. Kirby v. State, 863 So.2d 238, 242 (Fla. 2003). Restitution ordered in a criminal action does not preclude recovery of a civil damages award. However, restitution is set off from any subsequent civil recovery.

What is not included in court ordered restitution?

In most cases, attorney’s fees, and tax penalties are not included in court ordered restitution. The Court may order the return of property or money to a victim or to someone a victim chooses.

What are the restitution laws in South Carolina?

The South Carolina Laws Relating to Criminal Restitution. According to South Carolina Code Section 17-25-322, When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant’s criminal acts.

Do you get a fee for restitution in a civil case?

In a civil lawsuit filed by a crime victim, the victim’s attorney will collect a fee, generally between 30-40% of the total recovery. This is not the case with criminal victim restitution, because the district attorney…who helps present the victim’s expenses…does not collect a fee.

Can a civil settlement agreement prevent the Court from ordering restitution?

In that situation, the court is likely to order less, if any, restitution to prevent the victim from receiving a windfall. However, as restitution is part and parcel of the criminal justice system, a civil settlement agreement typically cannot prevent the court from ordering restitution in a criminal case.

Can a criminal case be used to recover restitution?

Civil recovery is an action separate from the criminal prosecution, and filing a civil action does not preclude you from requesting restitution in the criminal case. So, if you believe the fraud perpetrator has assets, you may be able to recover some losses through a civil lawsuit. Civil cases are private matters.

In most cases, attorney’s fees, and tax penalties are not included in court ordered restitution. The Court may order the return of property or money to a victim or to someone a victim chooses.