Return of property stolen by sister

[Steven olsen]

Jurisdiction

California

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?

 

[justblue]

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?

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

 

[adjusterjack]

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

 

[zddoodah]

she stole a baseball card collection that belonged to me from my mothers house.

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?

Its valued at over 20k.

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?

This happened 11 years ago. Is their a statue of limitions invovled? Take her to small claims court in calif.? N. Carolina?

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?

 

[leslie82]

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?

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?

 

[adjusterjack]

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?

I'm betting he didn't have a Honus Wagner:

Famed Honus Wagner T206 baseball card sells for new record at $3.7 million - CBSSports.com