Legal Question in Criminal Law in California

Re: Restitution

Civil suit might not be worth if the defendant is so-called judgment proof on account of not having money.

One option is to lean on the prosecution and the court to force dependent to pay. If defendant is violating her probation by not paying you the court should have a hearing on this. If the defendant does not pay you willfully, this could result in jail time. This could be very good leverage.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Restitution

"Ordered to pay you"? Assuming that means a restitution order from the criminal court judge hearing the drunk's DUI case, then you can try to get the DA and probation officer to force her to pay it on threat of violation of probation.

If you were injured and suffered medical costs, wage loss, car damage, etc., then you could sue for the actual value of the case. However, it sounds like the drunk didn't have insurance. If there was insurance, you'd make a claim against it with a copy of the court order and get paid. If the drunk had no insurance, as it seems, then before spending time and money suing, first determine if there are any assets or income that you could collect against. If you are serious about suing, and the drunk has assets, feel free to contact me for help. If you had Uninsured Motorist Insurance yourself, I can help you make a claim against that policy as well.