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Return of property stolen by sister

Discussion in 'Other Family Law Matters' started by Steven olsen, Jun 3, 2021.

  1. Steven olsen

    Steven olsen Law Topic Starter New Member

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    Jurisdiction:
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    Im in calif. My sister is located in n. Carolina.. she stole a baseball card collection that belonged to me from my mothers house. Its valued at over 20k. This happened 11 years ago. Is their a statue of limitions invovled? Take her to small claims court in calif.? N. Carolina?
     
  2. justblue

    justblue Well-Known Member

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    Why didn't you file a police complaint 11 years ago?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Both the criminal and civil SOLs are likely long expired. You should have done something 11 years ago. Kiss them goodbye.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Why was your baseball card collection located at your mother's house? Did she take it with or without your mother's knowledge and consent?

    How do you know? Did you have an expert value the cards shortly before the time this alleged theft occurred? If not, how could you possibly prove their value?

    Maybe. If we assume you have/had a valid claim, the applicable statute of limitations is three years. Code of Civil Procedure ("CCP") section 338(c). However, depending on where and when the events described took place, you might still have time. See CCP section 351. So...

    Where did you live when the alleged theft occurred?
    Where did your sister live when the alleged theft occurred?
    Where was your mother's home located?
    When did your sister begin living in North Carolina?
    Do you have any reason to believe your sister still has possession of the card collection or any portion of it?
     
  5. leslie82

    leslie82 Well-Known Member

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    It's amazing the magic of Google:

    "For example, the California statute of limitations is two years for oral contracts, four years for written contracts, two years for personal injury matters, and three years for personal property damage cases. If you don't file within the proper period, you lose your right to sue."

    "You have a limited amount of time to bring a lawsuit. The statute of limitations for most North Carolina small claims cases is three years. Keep in mind that the filing period will depend on the case type, and your matter might be subject to a different filing deadline."

    You aren't going to be able to bring it to small claims court - and even more unlikely to get a criminal case started.

    Why did you wait 11 years to even think about it? Why didn't you - oh - go file a police report 11 years ago?
     
    army judge likes this.
  6. adjusterjack

    adjusterjack Super Moderator

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