Re: can the statute of limitations be bypassed in colorado theft cases?
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sarahbrs
Dear Deadlock,
You have not been reading the threads, if you had you would see that I only started with "we" because I didn't think the details mattered to my question. I did NOT spend ANY of this money. I only marginally knew about any of this. You , for some reason, are stuck on embezzlement which clearly is not an issue here, which shows me your inability to advise on this. Plus, you are not interested in giving advise, only ragging on people you feel are not worthy of your time. You obviously have issues and are using this forum to release your anger. Some of us need real advise and help, you give neither. If you were the high and mighty person you obvioulsy feel you are, then remove yourself from this forum and try to go give real help somewhere else.
Hey, I looked statutes for you, I looked up case law for you, I provided definitions for you and you have the nerve to tell me what i am to do? what I am interested in? and something about my anger?
You better take a good look at what YOU have written on this forum and think twice about making enemies.
Re: can the statute of limitations be bypassed in colorado theft cases?
believe it or not, I have to agree with DL on this with one exception which I already noted. (not a big deal-embezzlement v. theft. it is still a crime)
I understand what you are trying to convey which is simply concerning the civil suit. You believe they should not be able to claim any theft of funds prior to the 3 year SoL.
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Also, they have filed to have the SOL banned (?)
Tolled, maybe? That is a stopping of the running of the SoL.
Any way you look at this, you have serious problems to consider. YOU need to have a criminal attorney at your side. You are only dealing with the civil side of this which only means you may or may not have to pay back some money.
When the DA gets fired up and brings criminal charges for theft, the both of you are looking at the possibility of jail.
I do not know if there is law to direct the civil situation as there is the criminal (which would most definately make you liable for the entire 8 years worth) but as I posted before, the discovery rule should be a very big concern to you.
The discovery rule would place the entire amount as recompensable.
Run that by your attorney and see what he says.
Re: can the statute of limitations be bypassed in colorado theft cases?
Dear Jk,
Thanks for your comments. The long and short of it is this. I have never used these forums before, and was pushed into it last night by a friend who was upset along with me. I never expected these sort of responses, or any for that matter. I did not sit down and give all the details as I did not feel the necessity. I am NOT trying to get out of everything, and understand that all of the money should be paid back. Most of my questions were asked on behalf of my ex and the case against him. I am concerned about the loss of his financial help. The ONLY reason I am here is because I found out yesterday (after 5:00 pm) that I am once again involved in the lawsuit. I tried to call my husbands lawyer but he had left for the day. So I was stuck with the weekend to panic over this. My ex told me that a motion had been filed by the plaintiff's lawyer to somehow bypass the SOl (on their side). THAT is why I was asking these questions. I am trying to figure out what is happening. How the statute of limitations is applicable or not applicable. I AM NOT trying to get around any sol, I am trying to figure out what THEY filed a motion for. My ex has no grasp of what's going on. I plan to call the lawyer first thing Monday morning and go see him (for the first time) ASAP. I was in no way connected to that checking account. I did not know that he wrote those few checks to me with stolen money. I for sure am guilty for keeping quiet, but I thought I was keeping quiet on a much smaller offense. When he got caught, and had to tell me the whole truth of the past eight years, it ended in a divorce. Imposing that on our children was the hardest thing I ever had to do, but his dishonesty scared me more. This conversation has gotten way out of control, I am now being seen as a liar who needs the truth shoved down my throat. That's fine, I scewed up by starting all of this out with "we", I understand that. I am living and learning. Thanks to both of you for your time.
Deadlock, if you did put a lot of time into this, then I thank you for that. Please understand, this got off to a horrible start and got out of control quickly. I AM taking responsibility for my part. My ex has given me lots of reasons why he will get out of this, questions I in turn posed to you mainly because I wasn't sure he knew what he was talking about. Now I KNOW he doesn't. And the worst thing of all, is I still don't understand what is happening. I will find out this week though. I should have just had patience and left this whole part out of it.
Re: can the statute of limitations be bypassed in colorado theft cases?
A lot of this discussion revolves around criminal statutes - criminal charges, and criminal statutes of limitation. That's a distraction, because this is a civil case governed by different statutes.
The statute of limitations is an affirmative defense. If they sue, the defendants must raise that defense or it is waived. It should not be surprising that they didn't respond to that defense before it was raised, as they would have been hoping that it was not raised.
The civil complaint contains allegations only of theft, and not of fraud?