Is there a Statue Of Limitation on car theft?
Someone I know stole a 2,600 dollar car from me in August 2005, and I have not had the time or money to really pursue a court case and so the police have not really taken me seriously , but i will be in a position to do it in early 2008 will I be able too? I have repeatedly tried to contact the person but they ignore my phone calls .
I live in New York
Answers:
Contact your local district court and get the small claim packet to take him to small claims. You wont be out much and the judge during court might give you what your entitled to. The courts will tell you.
The Statute of Limitations on car theft runs out at different times in different jurisdictions. For example, where I live, it runs out one year from the "cause of action" (the time the theft was discovered). You are now talking about a civil litigation issue here, rather than a criminal matter. The police deal only in criminal matters, so that's why they are reluctant to discuss this any further. They've done what they can to find the thief, so you must do your bit if you want to prosecute him. However, I'm pretty certain that the Statute of Limitations will have run out now, no matter where you live (3 years is usually much longer than normal). All you needed to do at the time was file a Writ, claiming against him, as soon as you knew who stole your car. Here in Canada, it costs just over $200 to do that. Then you should have had him served. Even if you didn't have time to pursue the matter at that time, your complaint would have been lodged in the registry, allowing you to renew the writ each year, until you ARE ready. However, the court doesn't look too kindly on those who procrastinate and then expect them to pick up the pieces years after. Sorry you didn't act quickly enough. I guess it's a lesson learned.
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