Statute of limitations?

[bobru]

What is the name of your state (only U.S. law)? Massachusetts

My sister-in-law reported my stocks as stolen, had them reissued and forged my name and my aunts name on stocks in my and my aunt's (now deceased) names and cashed them in. I found out about it when I attempted to cash them in myself (she didn't know my aunt had given me them). I notified the institutions involved, filled out affidavits, etc. Nothing came of it. I have tried calling various state agencies, and they just give me the runaround.

Is there a statute of limitations on a criminal case against her? It has been 10 years since she forged the stocks. Could I take her to small claims court? At the time I tried to cash them in, they were worth a little less than $4000.

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

My sister-in-law reported my stocks as stolen, had them reissued and forged my name and my aunts name on stocks in my and my aunt's (now deceased) names and cashed them in. I found out about it when I attempted to cash them in myself (she didn't know my aunt had given me them). I notified the institutions involved, filled out affidavits, etc. Nothing came of it. I have tried calling various state agencies, and they just give me the runaround.

Is there a statute of limitations on a criminal case against her? It has been 10 years since she forged the stocks. Could I take her to small claims court? At the time I tried to cash them in, they were worth a little less than $4000.

You can take her to small claims court. If you can PROVE your allegations, you might just win.

As to the criminal side of it...what did the police say when you contacted them?

 

[bobru]

Forged stocks

She admitted to me that she forged them. I still have copies of the original stocks, and I have lots of dividend checks that she also forged my name on. I have the reports on when they were cashed and the paperwork that the securities people sent me also. I also have the checks that got a stop payment when I tried to cash them in. The police told me to get a lawyer. I have called the District Attorney's office, and they just give me the runaround. Nothing ever gets done. I just want my money back.

 

[latigo]

In Massachusetts three years is the period of limitations within which to commence a civil action for the tort of fraud.

However, you should consult with a Massachusetts attorney acquainted with the statutes and pertinent case law. As most if not all states apply what is known as a "discovery rule" meaning that the statute does not run until the fraud has been discovered or could have been discovered with reasonable diligence.

Also there is some authority that excludes from the operation of the statute any period of time prior to the discovery where the guilty party has consciously concealed from the victim his or her fraudulent conduct.

You need to talk to an attorney. But if it was I, and I could document the forgeries, I would go ahead and sue the thief regardless and at least publicly expose her. Then let her decide if she wants to contest by raising the SOL, which she may not chose to do.

SOL criminal prosecution:

It appears that the time for prosecuting her for the forgeries is 6 years from the commission of the crime. But no discovery rule applies.

 

[bobru]

Is a win in small claims court still kinda just a piece of paper, or can she be forced to pay if she loses?