Treble Damages from the Criminal Code?

January 25, 2010   | comments Add a Comment

We had a client come in the other day who wanted to know if we would think about a contingency case related to theft and fraudulent transfer of a motor vehicle.  My normal preference is not to use a contingency method, but I thought I would at least investigate whether it made sense, because there was the good chance that the Tennessee Consumer Protection Act would offer treble damages.  

Just to be thorough, however, I decided to dig through the criminal code and see what it had to offer.  Good thing I did.  Right there - smack dab at the end of the statute - required treble damages awarded in a civil suit based on the criminal fraudulent transfer of a motor vehicle.  Bingo.  This isn't discretionary, mind you, it's mandatory.  So if you ever find yourself defrauded by someone you can track down (which is key, unless you want to get a Private Investigator involved) and they stole or sold your car without paying you - it may be worth your while to give us a call.  This statute makes a contingency arrangement possible, even at the General Sessions level.  

Beautiful...

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