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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112652
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Good evening, I owned a small catering business is Philadelphia,

Resolved Question:

Good evening, I owned a small catering business is Philadelphia, Pa. One of my employees was caught stealing from us, to make a very long story short, it is in the DA's hands now and it happened in 2004, the DA finally got the case going and filed the criminal suit in Sept of 2009, we are still waiting for the alleged criminal to show up for his hearing, he did show for his first case hearing and posted bail. My question pertains to a civil suit I would like to start. What is the time period I have to file a civil suit against him? Am I too late or do I have to wait for a judgement on the criminal case? Is the statue of limitations expired or may I still file a civil suit? daveram,[email protected] Thank you for your immediate answers if you can help.. The criminal suit is filed in Philadelphia PA. The assistant DA is own the case, his name isXXXXX
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
You do not need to wait for the criminal case to end before suing, since they are two different types of cases with two different types of burdens of proof. In the criminal case, the proof is required is beyond a reasonable doubt and the civil case requires only a preponderance of the evidence. Because the DA took so long moving on this case, the statute of limitations of 2 years would have been on hold pending the criminal trial outcome. Of courts, you could also seek to save the cost of a civil trial and ask the DA to have the court order restitution in the criminal proceeding.

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