Tuesday, August 24, 2010

Statute of Limitations on Civil Theft Cases (AZ)?

Back in April (2008) I went through the horrible ordeal of being wrongfully accused of theft at a store I was working at. I was fired, arrested on the spot and went through 6 months of absolute hell before I got my jury trial and was found innocent by 6 jurors on both counts.





During this whole 6 month process I received repeated letters from the company's civil lawyer demanding restitution in addition to his fees. I ignored all of these letters. I didn't commit these crimes I wasn't going to pay him and have it look as an admission of guilt.





Since being found innocent of the criminal charges I have not received any more correspondence from him. If he was smart he wouldn't pursue this any further but I am basically living in fear waiting for him to file civil charges against me. I don't want them to ';OJ'; me and I don't have the financial means to defend myself against this very deep pocketed company.





I just want to know when the time runs out for them to file against me so I can breath again.Statute of Limitations on Civil Theft Cases (AZ)?
How horrible! Statutes of Limitations for cases like this are usually around 2 years. I didn't check the AZ law b/c I'm too lazy to google it right now, but search ';Arizona, statute of limitations, tort, conversion'; and that should get you what you need specifically.





You have a suit for wrongful termination against the company should you choose to pursue it.





ADDITIONAL: A letter from an attorney does not constitute ';a civil action.'; It is nothing more than a strong arm tactic to get you to give them money for something it has been proven you have not done. Lawyers often send letters like that b/c a lot of people don't know that it isn't official or binding - and it is cheaper than filing in court. If you have not been served with a Complaint (which is an official document notifying you that you have been sued in a court) then you have nothing to worry about. If they do serve you with a Complaint you usually have 20 days to respond or a default judgment will be entered against you. THAT is the only thing that could effect your credit rating. You would have gotten notice of the judgment if that had happened.Statute of Limitations on Civil Theft Cases (AZ)?
This should fall under injury to personal property. In Arizona the statute of limitations for this is 2 years. See the Arizona Revised Statutes, Section 12-542 (sorry, I'm from Tennessee so I don't know how to correctly cite Arizona statutes).
This Civil action has not gone away unless the retailer asked them to no longer pursue it. They could be planning a law suit or have put a negative in your credit rating. You need to call these people and fix thsi or deal with months more trouble

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