To Sue or Not to Sue a Business Vandal

 

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html?sort=recency%2520http%3A

How do I start the process of suing someone?

My business was vandalized, and I want the person to pay for the damages

Jay Nixon’s Answer (Lawyer with 40 years experience and offices both in Kenosha & Janesville, WI

Many folks who vandalize are both unemployed and unemployable. You therefore run the risk of totally wasting money on a civil lawsuit, because getting a judgment is very much different than getting paid on a judgment. If the police investigate for criminal prosecution, the reports are likely to contain a good deal of side information which will better help your lawyer to advise whether to sue civilly or file a criminal complaint (or both). For indigent people, the criminal justice system is usually the only chance you will have of getting paid, since criminal restitution orders are not dischargeable in bankruptcy, and are often very good motivators to get some money, sometimes even before the case gets to court, assuming that his family still cares about him and is therefore willing to lend it to him.

 

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Given these two options, would it better to plead guilty to the forfeiture U failure to obey traffic signal charge

in exchange to get my possession of thc “dismissed but read in” or should I plead guilty to a county ordinance possession of thc and have the forfeiture u failure to obey traffic signal charge get dismissed? Which offer is the better of the two?

Jay’s Answer

• 32 minutes ago

Which of these is better or worse will depend upon your employment and lifestyle. For some work, any drug related conviction would be a disqualifier from employment, while a professional driver with a CDL and point problems might prefer to avoid the moving traffic violation. Either way, you should not make this decision alone, but instead only after consultation with an attorney who is actually representing you, as opposed to one on a free public website who cannot legally represent you. Either way, we all wish you the best of luck.