Possible stolen money issue

[ManyQuestions]

If someone knows and/or believes money was stolen from them but did nothing at the time it occurred, are there any statue of limitations in how far back a person can go to try and collect money or press charges against someone provided the person has proof of the theft?

I ask this because I am dealing with an elderly person that keeps stating they had money stolen from them but from what I understand, was some time ago. This person keeps calling the police for help and this person has been told on several occasions by the Police Department that they cannot do anything but as long as he has filed a report, the Detective assigned will call if they find anything during their investigation. I would like to put this issue to rest with this individual and have said to them that if the stolen money was an issue then they should have filed a complaint and dealt with it when it happened which they chose not to do. Any suggestions or advise?

 

[NYClex]

Yes, the usual statute of limitations regulations apply. In criminal law it will be for a theft crime and in civil law probably for conversion, depending on the circumstances. Depending on the state you are in this time can be pretty short, for example one year or relatively long, like 5 years or more.

And surely nothing will happen unless the victim files a criminal complaint or a suit.

 

[ManyQuestions]

This "possible" theft occurred in the state of Arizona. I need to find out what the statue of limitations is for Arizona on this but am not sure how to go about obtaining this information. Once I have the necessary ifnormation, I can present it to the elderly person so that this whole thing can be put to rest, hopefully.

Thank you

 

[NYClex]

Depending on the kind of action you would want to bring, Arizona has those limits:

intentional non-personal-injury torts (that would be a conversion action): 1 year

fraud and misrepresentation in contracts action: 3 years

Criminal law:

MIsdemeanors: 1 year, petty offenses 6 months, felonies 7 years. Depending on the charge and the amount stolen the charge can be any of those three, but most theft charges probably would be a misdemeanor.

Of course, there is also a little quirk: if the person who should have or has noticed the tort is of "unsound mind" that can toll the statute: http://www.ilppp.virginia.edu/DMHL/Issues/florezv16n1.html

 

[sambamama1]

credit card fraud

I live in the state of arizona and have been trying to seek some help with prosecuting my exboyfriend with credit card fraud. I have done my research and I know this is a class 5 felony so I have 7 years to file. However, the police will not help me and the credit card companies will not help me either. I have been trying to find an attorney as well, but no such luck there either. I guess the problem is the fact that when this fraud occured three years ago, I freaked out and consolidated my debt into a credit counseling service. This basically states that I own up to the responsibility of the debt. So my question is, can my ex never be punished because I was responsible in paying off the debt in my name? There has to be some way to prevent him from doing this to other people. Any advice would be greatly appreciated!

 

[NYClex]

I am not quite sure what you want to do. You cannot prosecute anyone. Only the state can prosecute. If the state does not want to prosecute, you cannot do anything. A lawyer won't change anything.

You as a private citizen can only file a civil suit. But that is not about punishment, that is about restoring to you what was taken from you wrongfully. If you have a valid claim, then you should go for it. The police has nothing to do with civil suits so they won't assist you. You have to do it yourself or hire an attorney to do it.