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JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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my ex-wife stole my furniture out of my house with her boyfriend...I

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my ex-wife stole my furniture out of my house with her boyfriend...I have proof and receipts for everything! Approximately $19,000 worth. This was about 2 years ago. Can I still sue her?

Was this part of a divorce distribution?

Have you attempted prosecution?

Customer: replied 7 years ago.
NO. We were divorced in 2002. Got back together in 2005, never remarried. Purchased a house together (in my name) in 2006. I moved furniture in the new house and I also purchased new furniture. She cheated, accussed me of abuse and had me thrown out of my house with a pfa. I paid mortgage and all bills till she moved in with her boyfriend in August 2007 with my furniture and household belongings. I have not attempte prosecution. Is there a staute of limitations? I was told 2 years. It will be 2 years at the end of August 2009.

Pennsylvania has a two-year statute of limitations on claims for fraud, unlawful replevin, and conversion. See 42 Pa. C.S.A. §§ 5524.

You can sue not only to collect money damages for conversion (civil theft) but also to recover your property (replevin). You can also request that the police prosecute the matter however they will be hesitant due to the time delay in reporting.

Please reply if I can help further.

 

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Customer: replied 7 years ago.
Should I go to the police anyway? I had an attorney who was handeling a custody issue with me and he wanted to wait till it was over to file this complaint. He knew about this for the last 12-15 months and never told me to file a police report. Any other info you could provide or suggest?

In that case I would still go to the police... don't call just go and ask to speak with an investigator. Explain the situation and see what they are willing to do. If you call the police and "make a report" then you will not get much attention.

 

Filing the civil suit is important and you should do so immediately. I would think your attorney would help you in this endeavor. You do not have to choose between criminal and civil... you should do both.

 

I'm afraid that is about all the information I can think of but feel free to reply if you have further questions.

 

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