Appellate Practice Attorney serving New York, NY
Yes, you can sue the thief for the torts of conversion and trespass. You should probaby wait until he has been convicted, since that will obviate the need for you to prove that he was the thief. Otherwise you'd have to get the person who found your passport on the thief (or some other witness with personal knowledge) to testify, and that could be a hassle. It's probably going to be very difficult for you to collect, however. The thief may have a number of creditors besides you. He won't be earning much income during the time he spends in jail, if any. If he continues his career as a thief, he won't have a regular job from which you can garnish his wages after he gets out (although he may get a job as a condition of parole.) He is likely not to have assets, like bank accounts, stock, or real property, or at least not in his name, and may not have any steady address. Your best bet, the one that would present the least amount of hassle for you, may be to see what you can do (e.g. speak to the prosecutor) to make sure that the Court orders him to reimburse you as a condition of his sentence or any plea agreement, with a condition that if he fails to comply with the agreed payment schedule he will go to jail.
Answered on Oct 11th, 2013 at 11:07 AM