IfI was a victim of consumer fraud, how do I get restitution?
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IfI was a victim of consumer fraud, how do I get restitution?
The person has been caught, gone to trial and pleaded guilty. He awaits sentencing at the end of this month from the judicial system. How do I go about filing a case for restitution? Or will I automatically receive restitution from the court?
Asked on October 4, 2011 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You will most likely not receive restitution from the court. While there are some funds available for crime victims, they typically go to victims of violent crime only--and I believe that in NJ in particular, the funds are only for the victims of violent crime. Below I'll provide a link to the website for the Victims of Crime Compensation Office for your state so you can see what their parameters are.
To seek compensation, you can sue the wrong doer. If it was consumer fraud, you may be able to sue under NJ's Consumer Fraud Act (CFA), whick allows up to treble (triple) damages and lawyer fees as well. Obviously, the perp has to have sufficient assets or income that he can pay the damages, but this is an option you should discuss with an attorney.
Here is the link to that government office; good luck: http://www.nj.gov/oag/njvictims/
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