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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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My girl friend (we have 2 kids) left me but before she went

Customer Question

my girl friend (we have 2 kids) left me but before she went she broke in to a locked room and took aprox $18,000 in guns. she gave them to her family friend for a loan .(so she said)
can i take her to court and charge her friend for knowingly receiving stolen fire arms? he loaned $6000 against them
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Did you report the theft to the police?

Expert:  Sam replied 1 year ago.

You can have her charged with theft and the other person with receiving stolen goods. But you need to have a police report. Was there any insurance on your firearms?

Customer: replied 1 year ago.
no police report we had a mutual friend who was a Anch detective , he's advised me to hold off she would come around. she didn't . its been a few years and she keeps promising but I'm done.
Customer: replied 1 year ago.
also insurance said no good cause she lived with me
Expert:  Sam replied 1 year ago.

How long? You only have a certain amount of time to prosecute a theft.

Or to file any type of civil lawsuit.

Depending on how long ago, you may not have any options.

What state was this, please.

Also please note

I do not participate in the phone call offers made by this site. They are automatically generated and do not come from me. However, we can continue here. Participating in phone calls can be construed as a client attorney relationship and that is not the case here. I am only providing you information and guidance. Thank you

Customer: replied 1 year ago.
Im in Alaska Anchorage. i hear what your saying but if its a firearm it remains stolen . also does the clock continue if its a daily request from me to her to return them?
Expert:  Sam replied 1 year ago.

Thank you.

I suggest you consider filing the police report immediately. Do not wait any longer. It will then be up to the District Attorney to prosecute or not depending on the statute of limitations.

Expert:  Sam replied 1 year ago.

As Alaska does not require the reporting of lost or stolen firearms, the statute of limitations on the prosecution is going to depend on the value.

Customer: replied 1 year ago.
They are aprox 12 weapons and value $15,000
Expert:  Sam replied 1 year ago.

Thank you. And I apologize for the delay. I had to take a phone call.

Let me check on that for you.

Expert:  Sam replied 1 year ago.

The criminal statute of limitations is 5 years to have charges brought. I suggest you could also bring a civil lawsuit and try to recoup your money that way. However, the small claims cap is $10,000 in Alaska and so that would mean you would need to file in the next level circuit or superior court.

Expert:  Sam replied 1 year ago.

Small claims you can do on your own relatively easy with forms from the clerk of the court. If you go for the entire $12,000 and need to file in Circuit or Superior Court, then you would need to draft the complaint and I suggest you would want to consider consultation with a local attorney to do that. The SOL on a civil suit would be 6 years.

Again, I apologize for the delay in the response and thank you for your patience.