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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14568
Experience:  15 years exp all aspects of general law
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How long is statue of limitations for false imprisonment good

Customer Question

How long is statue of limitations for false imprisonment good for. After takin childsupport mont he had me brought up on contempt in 2009 amd I was aressted in 2009 with him knowing he had the money as well as causing the imprisonment and we had another hearing for falseimprisoment set up fpr april that got moved to july so he wa about to try again. I had a mental problem bipolar as well as dissasociative amnesia and was om antipsycotics so I didn't remember the paymnet and couldn't defend myself. Ater they changed my meds i could think again and thats when I discovered the bank statements and ches for over 1200 written for child support
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

If you are looking at a civil suit against him for the tort of false imprisonment (which is a sue able offense), you are looking at a three year statute of limitations on this in Georgia (and most states). So, if it is your intention to sue him for things that happened in 2009, you have already gone beyond the 3 year mark for the first half of the year and if this all happened in the latter half of 2009 then you still have some time to get to a lawyer and file a lawsuit against him for these issues.

 

 

--MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14568
Experience: 15 years exp all aspects of general law
Legalease and 13 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
If he is charging my with new comtempt order in july doesn't that open the case again since there was never really a judgement made just that I hadn't paid. And if I prove he lied about everything won't the judge make him pay all attorney and court fees. obviously I wouldn't have stayed 90 days in one pof the worst county jails because he worked at the on in my county so I couldn't be housed there if I remembered anything especailly losing my car.And he trie dd on 3 separate situations to take advantage of someone with a mental disorder he ws aware of. I have proof of the abuse and it also seems like he has continued to abuse me for 5 years by taking the money pocketing it knowing I didn't remember and constantly bringing me back to court. Since I have new evidence dosn't this and the new contempt charge make this a continuation of the same child support case? if so the statue of limitations starts nmow right? And if I an proven completely innocent and proven not to owe the court at all since he continually perjuried himself won't he have o pay everything that has to do with his nd my attorneys fees and court fees since he basically tried to pocket 14,000 and continue to get money out of me o r send me back to jail which is imprisonment of an innocent person who is mentally disabled. Do you think the court will award me enouh money to set up so as not to mess with ssdi and medicaid qmb so I can get an updated car preferablt a honda accord so I can go back and forth and see my daughter at college and furnish i year of insurance as well as pay to fix the teeth that were cracked when he pushed me in the banister and put in a way that it onc e again won't afect my ssdi or medicareqmb. Maybe it can just go to the dealership after they figure the cost and th dentist. What is they chance he may be punished in ways other than finacial? do you think with all the crimes he committed the jude will charge him with a civil case or put him in the same jail he put me in for 90 days.
Expert:  Legalease replied 2 years ago.

Hello again

 

I apologize for the delay here -- I was offline for 24 hours. Just about everything you asked me in the follow up question are discretionary items that are within the power of the judge to award or to withhold so I would only be guessing when I say that the judge will most likely grant attorneys fees in the event that the judge finds the original claims were frivolous / without merit and anything else the judge grants would be up to the judge. Regarding the statute of limitations -- it is not the child support case or anything else that matters here -- it is the charge of false imprisonment and when that happened that matters and unless you were imprisoned again after that date I doubt that you will be able to stretch the statute of limitations to cover it -- but there is absolutely no harm in making the arguments to the judge/court -- I just don't want you to think that these arguments are a sure thing to get you beyond the statute of limitations.

 

---MARY

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