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GoLaw, Attorney
Category: Legal
Satisfied Customers: 753
Experience:  Attorney with eight years of experience in business law and landlord-tenant law.
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In Illinois, forgery is a crime that does not have a statute

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In Illinois, forgery is a crime that does not have a statute of limitations. Can a civil case be brought alleging "forgery" as the cause of action? In other words, can "forgery" also be a civil tort? If so, absent a civil statute of limitations for forgery, would the limitation period follow the criminal statute (i.e., no statute of limitations)?
Submitted: 7 years ago.
Category: Legal
Expert:  GoLaw replied 7 years ago.
Thank you for using Just Answer. In order to respond to your inquiry, I need to know the nature of the instrument being forged.
Customer: replied 7 years ago.
I was the owner of a business leasing commercial space. The landlord sold the business without providing me my contractual right of first refusal to purchase. In order to obtain the loan, the buyer required a signed Tenant Estoppel letter and an Attornment Agreement. These documents were forged with my signature in order to obtain the loan, without my knowledge. Immediately after the sale concluded, I was forcible evicted from the property by the new owner who claimed I had not complied with a term of the lease agreement. Long story, but my current attorneys recently discovered these forged bank documents.
Expert:  GoLaw replied 7 years ago.
The statute of limitations would not be the criminal one, it would be the civil fraud statute of limitations, which is six years from the date that the fraud occurred. (Indiana Statutes §34-11-2-7(4)).
Customer: replied 7 years ago.
You cite the Indiana statute. My issue is in Illinois. Does the same answer and SOL apply to Illinois?
Expert:  GoLaw replied 7 years ago.
Your question indicated that the inquiry regarded Indiana law. No matter what state the action occurs in, however, the criminal statute of limitations would not apply. In Illinois, the statute of limitations for fraud is 5 years (735 ILCS 5/13-215) from the date of the discovery of the fraud.

In Illinois, however, if the person conducting the forgery is convicted, you also have a cause of action under the Crime Victims statute.
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