“Then you would lose the civil case”
Huh??
If you walked into court with a receipt showing that you had been the one that made the down payment on the couch, and that you had been the one making the time payments on the couch, you very well might win.
What I am saying is that THE ASSERTION OF THE RIGHT AGAINST SELF INCRIMINATION CANNOT BE A DETERMINING FACTOR IF HE JUDGMENT GOES AGAINST YOU.
The claim and exercise of a Constitutional right cannot be converted into a privilege.
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436, 491
You are mistaken.
And you keep using criminal acts in your examples. There is no doubt the 5th A applies to criminal activities.
Now you are saying you will have your client take the stand to testify regarding the receipt, so he IS going to testify at some point in order for the receipt to be admissible.
It isnt all of nothing. If he chooses to take the Fifth as to some questions and not to others he is participating in the proceeding and the evidence that is presented will be weighed by the trier of fact.
You are making this much more difficult than it really is.
If he testifies about buying the couch, he can not disavow the judgment against him when he loses because he took ther 5th on some questions.