Consumer Protection Law
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I am sorry to hear this.A thief never gains title to stolen property no matter how long he or she hides it.You can file a new police report and/or you can sue for replevin of the property (assuming your insurer has not already paid for this loss).The statute of limitations on this claim is posted at Code of Civil Procedure338. Within three years: (a) An action upon a liability created by statute, other than apenalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring any goods orchattels, including actions for the specific recovery of personalproperty. (2) The cause of action in the case of theft, as described inSection 484 of the Penal Code, of any article of historical,interpretive, scientific, or artistic significance is not deemed tohave accrued until the discovery of the whereabouts of the article bythe aggrieved party, his or her agent, or the law enforcement agencythat originally investigated the theft.///Whether the statute has run appears to depend on whether they were off the rack or customized, as customized jewelry would appear to have artistic significance.You can sue to recover the earrings and if the defendant does not raise the statute of limitations as an issue, it will not be an issue.I hope this information is helpful.
Yes, i suspected they stole them from my home back in 2008 during a party and now have confirmed that the individual still has them, as they attempted to sell them to another acquaintance.
If they raise the issue of statute of limitations, then what recourse if any am i left with?
And what about options within the criminal courts?
I was neither, but i'm interested to know why you ask that question.
The police were very little help, seemed to feel that the statute of limitations expired and not much could be done, didn't seem to take it seriously.
I filed a police report originally, but don't have the docs any longer.
I do not know for sure either way, but that doesn't sound too terribly promising.
So then, to understand the question, he technically doesn't ever own it, I do, but i have no real means of holding the person accountable or getting the property back short of physically taking it back and risking an OJ?
Thanks for all your help.
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