Curti, that may happen anyhow...? Hell, somebody else he scammed may kill him tomorrow... we never know what tomorrow brings...
If that be the case, (him in jail and not dead) then your criminal case will still proceed as planned, because he will be easy to locate in jail and not out on the run. If he takes flight as a fugitive after the indictment warrant is signed it may take a while to find him to arrest him and lock his sorry tush up.
You can start now filing leins on all his assets because that seems to take longer to get in motion. Let both courts collect for you... the criminal court on restitution, and the civil court on monetary or property seizure to be sold for restitution. No, it is not double-dipping, as which ever court prevails first in collecting will cancel the other one out. You will just have twice as much chance at collecting restitution damages.
And DON'T forget to add into your complaints any and all court fees, lost time pay from work, fuel costs, postage, any attorney fees, or ANY other costs directly related to rectifying Brian/Mike's wrong doing.
Most Magistrate (small claims) Courts will handle up to $7,500.00 cap without you having to pay for help of an attorney. You just file your written complaint and filing fees with the court clerk (usually about $75.00), then show up to the assigned hearing date to verbally state your complaint to the judge.
If Brian/Mike doesn't show up to testify you will win by default. If he does show up he will have the right to argue in his defense, but it sounds like no new lie can overcome the evidence you have against him.
Real life "Judge Judy" "Judge Brown" stuff here, but oh so simple...
Then after finding in your favor, the judge will give him a certain amount of time to pay up, and if he doesn't the courts will help you file forclosure liens of his property. In most cases I have been involved with, there has to be notable improvement of restitution within 90 days...?
If you are going after more than $7500.00 you will have to go thru a District Court, and that requires an attorney present the case in almost all jurisdictions. And disctrict courts can take up to four years to hear a case.
One benefit of filing a civil claims case right away is that it only takes the preponderance (51% of the proof on your side) to win a judgement against him and his estate.
In criminal cases is takes the the old "proof beyond a reasonable doubt" to convict him of the crime, and restitution is not always guaranteed. From what I am hearing and reading in this thread though, there will be very little doubt he could ever beat this rap!
Now is the time for you to relish in sweet revenge with a huge smile on your face, because NOW the ball is in YOUR court! Have fun, and sleep good for a change...
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