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  1. #1
    Join Date
    Oct 2007
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    Question Can the Statute of Limitations Be Bypassed

    Eight years ago we sold a business to an aquantance. After he took over the business, money continued to be put into our old business checking account (money that should have gone to the new owner. An error on the part of the credit card company). My husband did not report it, and kept it instead. He spent the next 8 years spending this money. We were eventually found out, and they are suing us. We were told that the statute of limitations for this is 3 years, but the victims lawyer is filing to have this statute overlooked. He wants all 8 years worth of money back ($62,000). Plus is trying to sue for triple damages. Didn't his accountant have a responsibilty to discover he was being ripped off? Can they get around the statute of limitations in Colorado in a case like this?

  2. #2
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    Jan 2006
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    The Discovery Rule


    Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.
    When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
    as well, when is the last time money was improperly placed into your account?

  3. #3
    Join Date
    Oct 2007
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    11

    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    HI,

    Money was last placed improperly into our account about 18 months ago. They filed a suit about 6 months later. This has been really dragging out. I don't see how the discovery rule could apply. What was happening was one of the credit card companies (Discover Card) was placing all debits into our account instead of the new business owners account. If I were the book keeper, and this persons books were coming up short $500- $600 dollars a month for YEARS, I would look for the reason until I found it! That's my job! From what I understand, it was discovered after a family member (on their side) took over the books. He looked into it and figured it out. This was not unobtainable information on their part. THey had full access to the truth, they just didn't look. If you owned a business (restaurant) that only took 4 credit cards (Visa, MC, Amex, & Discover) and in 8 years, not one person used the Discover card, that would give me pause.

    And what about suing for triple damages? Is that ever awarded in cases like this?

  4. #4
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    Money was last placed improperly into our account about 18 months ago.
    well, that removes any possibility of the SoL applying to begin with to escape this thing in its entirety. I suspect they will be able to inculde all losses as it is all part of the same action.

    I don't see how the discovery rule could apply.
    Why? If the crime (or injury if you want) was just discovered and it was reasonable that it may have not been discovered earlier, there is no reason it would not apply.

    What was happening was one of the credit card companies (Discover Card) was placing all debits into our account instead of the new business owners account.
    and you simply failed to inform anybody of the mistake which makes you an active particiapnt of the situation.

    If I were the book keeper, and this persons books were coming up short $500- $600 dollars a month for YEARS,
    so argue it on this point but since there have been recent deposits, I don;t thinnk it will really matter.



    And what about suing for triple damages? Is that ever awarded in cases like this?
    haven't looked. I would worry more about the criminal complaint that may be right around the corner. You have only spoken of what appears to be a civil action.

    Actually, I am surprised you have not been charged with anything criminal yet.


    I love this whole thing. You and your husband have been stealing this guys money for 8 years and you want to be able to escape due to the time frame. You are actually blaming it on them that they did not catch you stealing his money sooner. What a wonderful thought process you have there.

  5. #5
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    Oct 2007
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    I understand your sarcasm. Please understand why I am on this web site at all. I knew nothing about this for the past 8 years. After my husband and I sold our business, he told me a few months later about the checking error and I suggested he get it straightened out. He told me he had. A few years later, I find out he never did. When I asked how much money it was, he said it was peanuts, and would just pay it back if he was discovered. Then 18 months ago, he hits me with the news of us being sued and the amount was $62,000. We are divorced (for obvious raesons) as of a year ago. He told me I was not involved in the law suit since I was not involved in a any way. I am not on that checking account at all, nor was I ever. So for this past year I figured it was HIS problem. Well, he told me yesterday that I am being sued along with him because 2 of the checks (over that 8 year period) were written to me (signed by him). So i look like an accomplice. I was in shock! So now I am in a panic. I am just asking the questions he has been puting out there.

  6. #6
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    Quote Quoting sarahbrs
    View Post
    I don't think this is considered embezzlement. THat money was never entrusted to us, nor did we work for him or with him in any capacity..
    I do agree on this point. It would more likely be something such as theft by deception or conversion (or criminal conversion) rather than embezzlement but does it really make a difference?

    It was still wrong, both in civil terms and criminal terms.

    To further complicate things, the checking account in which the improper funds were being deposited, is owned by someone else (my husband's father), my husband was only a signer. Although my Father-In-Law knew nothing of this.
    I bet your ex's dad really appreciates being dragged into a lawsuit and possible criminal charges. Nice kid he has.

    Well, he told me yesterday that I am being sued along with him because 2 of the checks (over that 8 year period) were written to me (signed by him). So i look like an accomplice
    Possibly. What makes it much worse for you was:

    When I asked how much money it was, he said it was peanuts, and would just pay it back if he was discovered.
    that is when you became an accomplice. You failed to report a crime so you became entangled in it at that point. Your silence is what will hurt you. The two checks could probably be dismissed as an unknowing situation but you did know about the entire situation. Your fault, nobody elses, including ex-hubby.

    the other thing that really includes you in this entire thing; you keep speaking in terms of WE. That infers you accept knowledge and complicity in the crime.

    Oh, and this statement:

    I knew nothing about this for the past 8 years.
    is an obvious lie. You did state you knew about it sometime in the past.

    he told me a few months later about the checking error

  7. #7
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    I use "WE" because who was involved was besides the point when I initiated my first post here. I was concerned about the statute of limitations and it's application. I have never used forums like this before, and did not realize I would get such quick and detailed replies. So I follwed suit with my OWN details. I do acknowledge knowing about it, I mentioned to you the two conversations he and I had over the years. However, he kept it all very private. I had no access to that account, or the checkbook, etc. I never really considered going to the police and saying "my husband is committing petty theft" as I thought it was at the time. Am I to be punished for that?

  8. #8
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    I was originally served as part of the lawsuit last year. Our lawyer was able to get me out of it since I was not associated in any way with the checking account. Apparently, they have recently gotten the records from the bank and can now see where the money went over the past eight years. That is when they saw the two checks written to me, and now are re-adding me into the lawsuit. My Ex will maintain I knew nothing of it, as will I, but my biggest concern is him going to jail and the loss of income he gives me monthly (we have three children). Am I able to delete this whole forum conversation?

  9. #9
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    Default Re: can the statute of limitations be bypassed in colorado theft cases?

    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?

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