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.
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