Criminal Law Questions? Ask a Criminal Lawyer.
I do not know. It was any reason given, as I have got any answer.
I received only hand written statement of hearing made to him over 2 years ago by the police. This papers written by him and sent to me as a copy is only an information based on low of open records in GA respected by the police.
Before, I did not know, the person does exist. On January I made record to DA against him with evidence, I think; it is left without any action. I suppose me as a victim should have more rights for information as everybody's to open records.
Is this your vehicle?
Ok, well you cannot force the State to take action. Your guess is as good as mine why they are not charging a crime, but there could be a multitude of reasons.
Your recourse is to file a civil lawsuit for fraud seeking the value of the vehicle and a clear title. Since it would be a criminal act, you can ask for "treble damages" (three times the actual damages). So you can sue for the value of your car plus any expenses in clearing the issue multiplied by three.
Ok, nobody can force the State, but as a Victim I have right to be inform of a progress of investigation and to form a questins for invastigator, have not I?
What is the legal way to require this?
A right to seek civil remedies; I could not find in Gorgia Cods "treble damages" and sue possibility.
Should I understand that I can sue for the value of car 36K plus any expenses?
Is the case a criminal act or, I can only file a civil lawsuit for fraud seeking the value of the vehicle?
What kind of attorny I need?
A crime victim does the have the right to be informed of status of the investigation, but the State has not agreed that you are a crime victim. If there were pending charges or an investigation, you would have victim's rights. As it stands, you have made a complaint, and that is all...
It would be a civil case only. Treble damages are available for private lawsuits under consumer protection laws for intentional acts. See the Statute here (subsection c): http://law.justia.com/georgia/codes/10/10-1-399.html
You can sue for the lost value of your vehicle. If you still received the vehicle, but have no title, or had to get a title through alternative means, you would not be entitled to the full value as if you had no vehicle. Only your actual expenses or loss. Then you can multiply that times 3 if you can show it was intentional.
there were pending an investigation, so I would have victim's rights. To whom I have to made a complaint?
I am not living in US, have no vehicle (lost), as you know.
Is it true; I can sue for the lost value of my vehicle, it is mostly theory or real possibility?
How you know "it would be a civil case only"?
A pending investigation is different than an actual charge. You would not have any victims rights until the person is charged with a crime by the prosecutor.
It is reality that you can sue for the value of the vehicle. Whether the person can or will pay if you win depends on the circumstances.
I know it is a civil case only because a private individual does not have the power to bring a criminal action, only the prosecutor can do that.
Yes, even, the civil trial court would say, she/he is not wrongdoer, was not charge, so she/he can not be suit on a civil way.
Do you have any sample of a suit?
A criminal charge doesn't have any bearing on a civil suit.
No, I don't have any samples.
If I have answered your questions, please do not forget to accept.
About samples, I think a link to, or procedure, how to file the suit myself
Read here: http://www.georgiacourts.org/aoc/selfhelp/civil_cases.html
Here is a generic Georgia Civil complaint form: http://www.gwinnettcourts.com/documents/Filing//cfile.pdf