How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86553
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I was dating a man,(Ill call him Tony), for about 6 months

Resolved Question:

I was dating a man,(Ill call him Tony), for about 6 months and I was involved in an accident on 2-28-10. Tony was given his 6th DUI, (not all in the same state). He was driving my vcehicle with my permission as I was unaware he was intoxicated 2 times past the legal limit. My injuries were life threatening. Shortly after the accident, while I was still recovering in a nursing facility and still medicated, I was sent a Victims Rights document. Tony convinced me not to sign the document, assuring me that everything will "be alright." It took me over a year to recover from my injuries and during that time Tony was sentenced to jail time, a fine and federal probation for 5 years. He lived on and off with me up until about 6 months ago, when I finally realized he was a con man and moved to another state. My question is, can I sue this person for retrobution still, even though I didnt sign and return the Victims Right doc? What is the statue of limitations for a case like this? Also, I paid $5000 to bail him out of jail, which was inturn used towards his fines owed to the state of Wyoming. He, in text messages, promised to repay me, paying $500 a month until it was paid. He has not paid anything towards this debt. How and where do I file to recoup this money?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) What state did this accident occur in?
2) What state are you in now?
3) What state is he in now?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Accident occured in Wyoming


I live in California


He lives in Montana

Expert:  Ely replied 1 year ago.
Thank you, L.

What state did this accident occur in?
Customer: replied 1 year ago.


That would be Wyoming


 

Expert:  Ely replied 1 year ago.
Thank you for your reply and my apologies for the wait. I had already gone offline when you replied.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

My question is, can I sue this person for retrobution still, even though I didnt sign and return the Victims Right doc?

The answer is no, you cannot. But this is not because you did not sign the victims rights document. Please understand that the Victims Right document was simply an element of the criminal case. It had nothing to do with the civil case, and not signing it did not "waive" your right to still pursue him civilly in any way. However, you are still out of statute, I am afraid. See below.

What is the statue of limitations for a case like this?

The best jurisdiction for this is Wyoming because this is where the incident occurred. California (where you are) may also be used. But in any way, you are out of statute in any state:

CA - two years per Civ. Proc. §335.1;
WY - one year per §1-3-105(a)(v),(B);
MT - two years per §27-2-204(3).

This is all from the time of the incident. Ergo, it is too late, I am sorry to say.

Also, I paid $5000 to bail him out of jail, which was inturn used towards his fines owed to the state of Wyoming. He, in text messages, promised to repay me, paying $500 a month until it was paid. He has not paid anything towards this debt. How and where do I file to recoup this money?

This is different. Provided you still have the text message (this is crucial, or else the Court likely will consider it a gift if he claims it was), you can file a small claims court action for breach of contract.

I am assuming both of you were in WY when this had occurred. If so, you would have file a small claims court in WY or MT. Under WY statute of limitations, a breach of contract can be brought within 8 years of default - §1-3-105(a)(ii)(A). MT has five years from date of default. §27-2-202(2).

Someone in your situation would have to bring a small claims court in either state. See here for MT's small claims court, and here for small claims court information on WY.

This simply involves filling out a small complaint that the small claims court will have handy, sending him a copy, and having a hearing. Most small claim courts will provide basic directions and forms.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86553
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


I have one more question for you, can someone represent me in small claims court? I prefer not to be face to face with the person Im going to sue and I now live in another state.

Expert:  Ely replied 1 year ago.
Thank you for your follow up.

In Wyoming, you are allowed to have attorneys represent you in small claims court. In Montana, however, you are not.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86553
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.