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I had a 1977 champion towed by the city. due to heath issues…

I had a 1977...

I had a 1977 champion towed by the city. due to heath issues I did not have the money to get it back. I am now on my feet and doing better. I had to take a disability. I have since found the RV and had to buy it back. This RV was towing With a order form the city due to expired plate. The towing company filled out an Indiana state form with the wrong year, model etc. They had this RV from 1-15-15 until it was found by me in July 2017. At the beginning I tried to file a police report from the city,county and state police. I was refused by all 3 police departments from the beginning. I think there should have been a recourse but the police departments took the side of the city. I was without this RV for over 2 plus years. I filed a report with the attorney generals office. they claimed that the statue of limitations had expired. I think they have not considers due to time frame it had disappeared. This is fraudulent concealment as I found the RV at another towing yard although it was the same company. I am looking at the following Indiana codes which apply I live in a very political County. I am looking at the following fraudulent concealment, wire fraud,misuse of a state form,concealing cause of action, maybe more.Advise ?

Lawyer's Assistant: What state is this in? And how old is the RV?

The RV is a 1977 champion with 26,000 miles. I will add that while in their possion many things have been damaged including trying to tow and trying to hot wire the RV. This is In Indiana. The time frame that it was missing should tolled the statue of limitations although the statue of limitations are 5 & 6 years. this is a criminal case.

Lawyer's Assistant: What steps have you taken so far?

I have filed with the attorney generals office with the claiming the statue of limitations has expired< claiming the tolling began when the RV was towed in1-15-2015. they cannot use this on the time frame since it was miss for over 2 plus years

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

This should also fall under the delayed discovery doctrine.

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Customer reply replied 2 months ago
to my knowledge no one has answered my legal questions
Customer reply replied 2 months ago
please let me add I could not file addition charges due to the police department not willing to file a report. the next step was to locate the stolen RV which was July of 2017. It was then I filed with the attorney generals office .
Answered in 14 hours by:
5/24/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,940
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if this towing took place in 2015, I am afraid that if the city legally towed the RV, they are not liable to you. Furthermore, there is a 2 year statute of limitations in Indiana, which you were told. The fact is you knew the RV was missing, so there is no concealment that would have stopped the statute of limitations from running. The statute of limitations stops running when you had no idea the RV was missing, but you knew that and knew the city towed it. So you had to sue within the 2 year statute of limitations to preserve your rights and tolling would not apply I am afraid.

The issue here is the time you took to take any action to file a proper civil claim. If the police would not take a report, your recourse was to have sued back when this happened. Then you could have pursued the fraudulent concealment or whatever other actions you could prove they engaged in, but it is the delay without proper legal basis for tolling that seems to be hurting your case.

It is not "delayed discovery" as you discovered your RV missing in 2015, you just took 2 years to keep looking for it and you should have sued back then to preserve your rights.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
the city and the towing company towed this RV off a private business lot. The owner of the business had a contact number to reach me.The state form they used was improperly filled out with the wrong model year and VIN number . All paperwork shows they were fraudulent . I have filed two separate complaints with the AG office with the first being filed in the spring of 2015, The second filed after being found in another county in July 2017. I had no idea where this RV was concealed until July 2017 When found. I thought it had been sold. After checking with BMV it was found my title was still valid with no liens of judgments against this vehicle. the prosecutors office could not file charges due to the fact it was not found. This company and this occurrence is one of many issues with this company. The prosecutors office stated I had to have evidence to proceed, I found this evidence in July 2017, which constitutes discovery< fraud,and wire fraud. This RV was in very good shape with most of the storage time being inside. It was in like new condition. This RV was provided for my father after his retirement. He has been gone and I kept this RV to use for ministry as my health has improved a little. I don't believe it would be wrong to state that this also violates my constitutional to freedom of religion and freedom of speech. In Indiana there is a case from Lake county of towing schemes resulting in several politicians and law enforcement officials being charged. I believe towing companies and some politicians have strong bonds with local government awarding towing jobs to these towing companies, this vehicle was altered with the transmission shiftier jammed and was attempted to be hot wired .
Customer reply replied 2 months ago
Please advise

Thank you for your reply.

I understand everything you are saying, but you knew when it got towed off the lot, so the 2 year statute of limitations began running at that time. I am not saying you did not have ground to sue them, I am saying that delayed discovery or their fraud did not delay or toll the statute of limitations. So you had grounds to sue for the improper tow, but you did not file suit as you should have within the proper time period and that is the problem.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,940
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 2 months ago
The first Ag complaint was not ruled in my favor with them stating I could only sue the owner where it was stored. They did not pick up any fraudulent charges I have explained to you. I was very sick during this process and it was easy for them to see. I do a little better and my health is somewhat stable and I was saving the RV for ministry purposes. with the Lake county investigation, it is an investigation such as this that started to get the federal government involved. Indiana statue of limitation is five yrs for grand theft auto and 6 yrs. for wire fraud. I cannot believe I cannot file criminal charges and preserve my constitutional rights, These are laws we live by. These are well within the statue of limitations.
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Customer reply replied 2 months ago
Can illness and disability toll statue of limitations on this case ? This was in the last response via phone call received from your call center 5-24-18. I will need more info on the law codes for state(Indiana) federal as this would be the next step to pursue this issue per our last conservation..
Customer reply replied 2 months ago
Please advise by email if possible.

Thank you for your reply.

Disability has to be a "severe physical disability that incapacitates the person (such as confined to the hospital or in a coma )" or "mental disability that renders a person mentally incompetent"

So, if your condition was so severe you were immobilized by it or you were mentally incompetent according to your doctors, then that would be good cause to seek to toll the statute of limitations.

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Customer reply replied 2 months ago
I had a stroke in 2012 which was miss diagnosed for three years,also losing my hearing by 75%.unable to get hearing aids until 12-30-16 I was put on disability July 2016. Impossible to communicate until I got a little better.
Customer reply replied 2 months ago
What would be the law codes that apply for Indiana and federal tolling be.?

thank you for your reply.

they are not codes, they are called "equitable tolling" and that means in equity, not law, the courts allow tolling when a person has been incapacitated and prevented from filing.

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Customer reply replied 2 months ago
with this being an ongoing disability would this apply ?

Thank you for your reply.

It is NOT merely a disability, you have to prove you were physically incapacitated or mentally incompetent, it is a much higher level than just being disabled.

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Customer reply replied 2 months ago
Can you supply the guidelines ?
Customer reply replied 2 months ago
With guide lines I believe my medical records would provide this information

Thank you for your reply.

I did provide guidelines, the medical records have to support that you were physically incapacitated or mentally incompetent such that you were incapable of filing suit in the proscribed time period.

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Customer reply replied 2 months ago
In Refer. To the RV it was also confirmed I was diagnosed with PTSD with 18 months of counceling. This was also this was also a huge factor as I finished counseling in January of 2018. This was in addition to the stroke and the misdiagnosis of the stroke and and hearing loss. Doctors thought I had demitia they tested me by standing behind me asking questions. I simply was unable to hear.This has been an on going battle seeing many doctors to reevaluate my health problems. This RV was being saving saved for missionary work when I retired before the health issues began. Does this violate my constitutional rights to freedom of speech and religion. There should not be a limitation on constitutional rights

Thank you for your reply.

No it does not violate your rights to free speech and religion. If the doctors say you were mentally incompetent, you have a right to argue that for grounds to stay the statute of limitations, but it is still a breach of contract for them to sell it off when they agreed to hold it.

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Customer reply replied 2 months ago
Next issue, I had my mail intercepted which contained an appeal in process for workers comp. Mailing date on two envelopes were opened post marks were 6-10-2016 & 6-14-16. I was told they thought the two envelopes contained checks. This also prolonged the mail service as I received them in July 2016. This was due to the court ruling and filing the wrong date on all case documents. My attorney, the opposing attorney and the judge all miss the incorrect filing date. Simply they ruled on the wrong filing date.voiding this case that would rule in my favor due to incorrect filing throughout this entire proceedings.I have an appointment with another attorney this week. Any suggestions. The USPS does not have a answer for the fraudulent opening and intercepting of some one else's mail. They seem to think the statue is five years. Advice ?

Thank you for your reply.

The USPS is immune from lawsuits, the statutes state they are immune from lawsuits.

If someone else opened the mail, you need to know who tampered with the mail and turn that over to the US Postal Inspector.

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Customer reply replied 2 months ago
Refer ; RV there was no contract ever. the RV was illegally towed, impounded and concealed in another county

Thank you for your reply.

There is at the very least here an "oral contract" to hold the property for you.

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Customer reply replied 2 months ago
I am not holding USPS accountable but I am having trouble getting the right forms to fill out to start this investigation. Should I check with the USPS service In Indianapolis ? AS in my county they have been no help. they are not sure.

Thank you for your reply.

Call the US Postal Inspector's office in Indianapolis, as that is where their main Indiana office is located and they will take your complaint from you.

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Customer reply replied 2 months ago
I just got the dates of treatments for PTSD though I U . I started Aug 15-2015 through Nov. 15-2017, Which would be a total of 28 months under their care. this should toll this time. if I have done my math correctly with this being 42 months total with 28 months tolled, this should be 14 months left. well with in the 2 year statue of limitations. I U hospital is sending me the verification via mail. Thoughts ?

It should toll the statute if you were deemed incompetent, which is what it sounds like you are saying here. My thoughts are you need to get a local attorney involved to represent you to file suit and make your stay of the limitations argument because the longer this goes on you could risk even losing that stay time.

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Customer reply replied 2 months ago
agreed. I will follow up with my attorney. I will also try the USPS in Indianapolis.
Customer reply replied 2 months ago
I was evaluated at I U Health, Indianapolis In. My diagnosis was PSTD which increased my blood pressure into the stroke zone also causing extreme nightmares I could not control. I maintained weekly medical visits from 8-14-15 through 11-15-17. It was very difficult to except this diagnosis and was a battle to stay out of the stroke zone. I suffered extreme blood pressure issues since my first stroke on 2-8-12 which was misdiagnosed as a seizure although I bled from every opening in my head (ears, eyes,nose and throat) with a 75 % plus hearing loss due to no blood flow to my ears, as well as a heart rate of 220 and no blood pressure per the EMT'S talking to my son after I was hospitalize in the E R. The E R doctor was able to stabilize me and sent me home with my son taking care of me for the next three days. I had no medical insurance Doctors also misdiagnosed my hearing loss standing behind me telling my daughter I had dementia when I simply could not hear. Of course my daughter believed the doctor although I told her I could not here her speaking. I U was the only medical staff that would set and listen to my issues. I U told me this happens more than most patience realize, as some never do. I am sharing this information with you due the the fact I was in out patient treatment for 28 months that should toll the statue of limitations as I was unable to properly pursue this RV issue although I tried as sick as I was. Total time as we are looking at this is appr. 42 months, the tolling of 28 months leaving 14 months that can be applied to the statue of limitations. Please advise.

Thank you for your new information. Please be advised, the experts on this site are not site employees, which means they do not get credit for just spending time with customers. This is why site rules require customers to open new questions, so the customer can leave positive feedback for the expert and the expert can be properly credited for their time, as this can only be done one time per question thread.

I will answer this one new question out of courtesy, any further questions you have, you must open a new question. Thank you for understanding.

If your medical records substantiate everything you said above about how incapacitated this made you, then yes it could be grounds to toll the statute of limitations for the 28 months.

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Customer reply replied 2 months ago
Thank You for this information. I also thought I had my membership intacted only to find that it was not. Customer service was able to reinstate my membership as of this morning. they were great.

Even if you are a member, that means you have to still open new questions and leave separate positive feedback for experts so they get credit (the membership means you do not have to pay additional for each time you leave positive feedback).

Ask Your Own Legal Question

Thank you.

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Customer reply replied 2 months ago
I want to thank for for all the information. Most Professional. I would highly recommend and will be needing again.

Thank you.

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