General Question

Yellowdog's avatar

Can an unresolved Civil ("Justice Court") case become a Criminal Court case?

Asked by Yellowdog (12216points) March 9th, 2017

Any legal experts here?

Karen and I filed a lawsuit (replevin) for seizure and immediate repossession of Karen’s property—we won our case in court and even filed a Writ of Execution which the judge signed, ordering the constable to enter the house of the defendant and seize the stolen property.

However, we are now told that the constable cannot enter the house without the renter’s (defendant’s) permission. This seems woefully inconsistent with the wording of the Writ of Execution and the laws as worded—which state not only can the sheriff or other official enter the house—but that the law enforcement official can also seize the defendant’s property for auction to pay for the plaintiff’s items if they are no longer in the house.

But the law enforcement is playing it very softly—even with the writ of execution—and Judge’s orders—saying that the law enforcement official cannot enter the house without the renter’s permission.

Karen cannot afford to merely settle with this because she has no money to replace her stolen items. She lives like a pauper in a bare, almost-empty apartment and needs her property returned in order to get on with her life. Was this costly court case and Writ filed for nothing?

We are now told that this should have been filed as a criminal case, but we were not allowed to pursue this as a criminal case at the beginning.

(MORE DETAILS IF NECESSARY)>>> Karen rented a room from an old friend (the defendant) from High School many years ago. The defendant was NOT the home owner but was renting the home herself. Once Karen moved in, the defendant locked her out of the house and kept her things.

Yes, we won the lawsuit, but were told this was a civil court case since the items were “left in the home” and not “stolen”

We were then told to file a “writ of execution” in order to have the constable enter the house and retrieve the items. But the constable says he cannot enter the house unless the defendant allows him. The defendant won’t even come to the door.

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3 Answers

Tropical_Willie's avatar

Civil is civil, a criminal case means they are arrested for breaking a law.

Where is your LAWYER !

Coloma's avatar

Most lawyers give free consultations. I would look into a criminal atty. in your area for a free consultation to see if anything can be done. Thing is, is it really worth pursuing considering you will spend even more to try and retrieve a pretty unsubstancial amount of property? ( if I remember correctly the value is 1–2 thousand or thereabouts in personal property.) The legal fees to continue pursuing this matter are not going to make it worth your while IMO.

I think you really need to let this go and just work on slowly replacing the items, whatever they are, from second hand sources. If it cosst you another 3k in atty. fees to get representation and file some sort of counter suit, well….do the math. It sucks but, I think it is a live and learn situation.

jca's avatar

If something is going to be pursued as a criminal case, it’s the local District Attorney that is going to do the prosecuting. I would make a phone call and see if you can have ten minutes of the DA’s time. He’s a very busy person, I’m sure, but he is also usually an elected official. Because he’s elected, he wants you to be happy and vote for him so he should be agreeable to a brief consultation.

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