What to do if a civil suit was filed against me by someone who already filed criminal charges against me?
Question Details: I was working for my friend at her consignment shop. I was working under the table for her and she said that I stole money and clothes from her. We went to criminal court and she won; I had to pay $300 in restituion. Then she recently filed a civil suit against me in the amount of $1600 because she wants more money for her pain and suffering. Also, she wants the $900 back in the wages she paid me.
From your description, it sounds like the restitution and civil lawsuuit sre seeking separate damages.Your friend cannot ( ! ) recover pain and suffering for a theft case. When you defend the lawsuit, your attorney will successfully argue and proove that it is unlawful to grant damages for "pain and suffering" in a theft case. If you legitimately worked and earned the wages, your friend cannot successfully sue for recovery of wages paid. This is especially true because there is no employment contract providing for the recovery of wages, in the event of employee theft. It sounds like a baseless lawsuit. Unfortunately, it is likely you will need a lawyer to successfully defend it. It sounds like the lawsuit was filed to retaliate against you for the theft.
