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Does pa. Disvovery laws affect statue of limitation

Does pa. Disvovery laws...

Does pa. Disvovery laws affect statue of limitation limitation on insurance insurance fraud fraud

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It. Happened 19 years ago

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Customer reply replied 6 months ago
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Answered in 1 hour by:
2/12/2018
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,886
Experience: attorney at self
Verified

Thank you for your question. The answer is Yes.

The civil statute of limitations for fraud in Pennsylvania is two years.

The criminal statute of limitations for fraud in Pennsylvania is no more than 12 years.

I hope this information is helpful.

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Customer reply replied 5 months ago
The attorney. General officee in an article said five years

You wrote:

The attorney. General officee in an article said five years

Can you please post a link to that?

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Customer reply replied 5 months ago
I don t know how. But the article is called. Four questions for James Fitzpatrick

He said "In Pennsylvania the statute of limitations for insurance fraud is five years." He wa refering to the criminal statute of limitation.

But http://statelaws.findlaw.com/pennsylvania-law/pennsylvania-criminal-statute-of-limitations-laws.html says the criminal SOL for fraud is 3 years.

I don't have any of the facts and I confess I am quite confused. I will opt out and see if another Expert can get you a definite answer based on a statute or case.

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Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,599
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. I'm a different expert than the one you were working with. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.

The civil statute of limitations in Pennsylvania is TWO YEARS.

http://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-5524.html

and

https://www.lawyers.com/legal-info/research/pennsylvania/pennsylvania-statutes-of-limitations.html

Section 7 is the relevant section and states:

"(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter."

.

The criminal statute of limitations for fraud is THREE YEARS.

The relevant citation is: http://statelaws.findlaw.com/pennsylvania-law/pennsylvania-criminal-statute-of-limitations-laws.html

Here are some more citations for this second one: http://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/#!tid=N5201A127F8CF4366BB131FBF398E2EB9 and http://brianzeiger.com/blog/2014/01/06/how-long-does-pennslvania-have-to-charge-me-with-a-crime/

.

If someone said otherwise then they likely misspoke. Please let me know if that answers your question. If you don't need any additional information, could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Attorney
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Customer reply replied 5 months ago
When does the clock start ticking. Is it when the crime i s discovered

Hi! Thanks so much for your rating :) I thought you might have forgotten about this question! The statute of limitations starts to run when the fraud was discovered or reasonably should have been discovered. Those are two different time periods of course - and the earlier period would govern.

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Customer reply replied 5 months ago
After 19 years should I be worried

Well, I don't have a crystal ball ;-) but I'd say after 19 years the only reason to worry would be if you want to give yourself gray hair! Statutes of limitations exist for a reason.

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Customer reply replied 5 months ago
Are you saying the statues of li.mutations have passed

You're telling me it has been 19 years when the statute of limitations for the question you asked about would be up to 3 years. So, yes, if that's the case, the statute of limitations would have passed.

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Customer reply replied 5 months ago
T hank you very much. Very happy with your service.will definitely as k for you again.

Happy to help :) If you need anything in the future and you want to reach me directly you can do so by clicking
https://www.justanswer.com/law/expert-droliviak-jd-md/?rpt=3800
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