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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I had a break in an in 2013 ; Safe stole by same company

Customer Question

I had a break in an in 2013 ; Safe stole by same company employees where I bought the safe . Value over $900,000.00 in loss. I sued the employees civil superior ct, but probably will be time barred in superior ct.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: N orth Carolina
JA: Has anything been filed or reported?
Customer: yes , police report, 3 civil superior suits
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am very concerned in civil court jan 7, time barred, only recourse is to somehow force D.A. to proscute plse advice
Submitted: 2 months ago.
Category: Legal
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today. Unfortunately, for civil cases, you are correct in that no matter what theory you sue under, the most likely statute of limitations is going to be three years and as a result, your claim is going to be time barred.

The other problem too is that there is also a statute of limitations that would prevent a DA from prosecuting the crime. The only way this statute of limitations does not apply is if the robbery took place by means of force or threat of force when it occurred (such as a threat to you when they were committing the robbery).

There are some instances where the statute of limitations might be tolled (such as when the the person committing the crime has fled and is on the run from the law). A court may find that the statute of limitations does not begin to run until the property is returned to you or the employees openly and notoriously hold the stolen property. As a result, your civil case might be allowed to go forward on the theory that the statute of limitations has not even begun to run yet because the theft of your property is still occurring (this is known as conversion of property by theft).