If I don't win in small claims....

[anders]

I have a question, If I lose my case in small claims court, or am dissatisfied with the ruling, do I have any other course of action. This is over a video camera that was never returned. My fear is that I have no way of proving purchase of the camera. All that I have is the instruction manual. I was wondering can I take the defendant to criminal court for theft? I know that I can not appeal in small claims.....right?

 

[Gail_in_Georgia]

Whether you can appeal this depends on your particular state.

Frankly, you have better luck proving your case in a civil court than in a criminal court.

Criminal court argues that someone must be found guilty "beyond a reasonable doubt" which most juries see as "99 percent guilty". Civil cases focus on guilt based on a "preponderance of the evidence" which is typically seen as a 50/50 proposition.

It's often harder to convict someone in criminal court since that typically means a prison sentence (as opposed to civil court which involves monetary damages awarded to the person who wins the judgement).

If you can't show that your video camera was taken in a civil court hearing, you're less likely to get a guilty verdict in a criminal hearing.

Gail