Suing in small claims court statue of limitations

[BAWC]

What is the name of your state? Texas
I was curious when the statue of limitations to sue in Brazoria County ends? I unfortunately have to sue a family member for stealing my items. I have been trying to get my items from them since July 2017. I was in contact with them up until 11/30/2018 when they said they would be able to mail some of my stuff to me but haven’t heard from them since then. I have requested different ways of retrieving my items from them (flying to Texas, paying for movers to pick it up and paying for postage) but I keep getting the run around. I would like to know if the statue of limitations began in July 2017 when I first requested my items or if I have longer since I have been in contact with them?

 

[FlyingRon]

Statute of limitations is a state wide thing. It appears statute of limitations on this sort of thing is two years. It starts from the point they failed to return them the time you asked (the first time). If they subsequently admitted having them and you asked again, it likely starts the clock over at that point.

 

[adjusterjack]

Back up a bit. What items and why do they have them? If you left them there, they didn't steal them. What you have is a bailment. A bailment is a contract and could have a longer SOL.

By the way, if you left them there, they have no obligation to lift a finger to send them to you so you would lose the lawsuit.

Since you would have to fly there to go to court why not just go there and get your stuff?

I'm speculating a lot but there is more to this story than you are telling. Details count and a lawsuit might not get you anywhere.

 

[Zigner]

Back up a bit. What items and why do they have them? If you left them there, they didn't steal them. What you have is a bailment. A bailment is a contract and could have a longer SOL.

Both conversion and theft may have occurred under Texas law based on the facts that the OP has presented.

 

[adjusterjack]

Maybe. Won't know without details.

 

[Zigner]

Maybe. Won't know without details.

I agree - so we can't rule it out and state that it hasn't occurred.

 

[Litigator22]

What is the name of your state? Texas
I was curious when the statue of limitations to sue in Brazoria County ends? I unfortunately have to sue a family member for stealing my items. I have been trying to get my items from them since July 2017. I was in contact with them up until 11/30/2018 when they said they would be able to mail some of my stuff to me but haven’t heard from them since then. I have requested different ways of retrieving my items from them (flying to Texas, paying for movers to pick it up and paying for postage) but I keep getting the run around. I would like to know if the statue of limitations began in July 2017 when I first requested my items or if I have longer since I have been in contact with them?

You must bring suit for conversion and/or the wrongful taking or detaining of your personal property within two (2) years from the date the cause of action accrues. (See: Tex. C.P.& R. Code Section 16.003). When that two year period of limitations begins to run; i. e., when the cause of action is said to accrue depends on the circumstances attending the conversion.

If the defendant's initial act in obtaining possession of the goods was unauthorized and without your consent, then the clock would simply begin to tick the moment of the taking.

Less certain is when the defendant's initial possession of the goods is by lawfully means, i. e., permissive but temporary and who subsequently repudiates the lawful owner's rights and purports to exercise permanent dominion and control of the goods to the exclusion of the lawful owner.

However, here you claim that family members stole your property.

If that means that they seized the property taking possession without your consent AND is not to be taken to mean that the property was loaned to them, left in their care or somehow temporarily entrusted to them, THEN the two year period of limitations would commence to run on the date of the theft. And thus unaffected or unaltered by your demands or their unfulfilled promises to return the items.