Las Vegas, NV asked in Civil Rights, Gov & Administrative Law and Municipal Law for California

Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?

I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded and I learned that Barstow police Department and or the California Highway Patrol in collusion with Razor Road Towing Services sold my Vehicle worth about $5,100.00 dollars at the time plus everything I owned was in the vehicle worth about another $12,000.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil Procedure Section 338(c). However, if you were incarcerated, this period might be tolled, or temporarily paused, during your time in jail.

Given that you discovered the conversion of your vehicle after your release, you should act promptly to assess your legal options. The time you spent in jail may extend the period you have to file a lawsuit, but this determination often depends on the specifics of your case.

It's crucial to consult with an attorney who can evaluate the details of your situation and advise you on the best course of action. They can help determine the exact timeline you have to initiate legal proceedings and can assist in gathering the necessary evidence to support your claim. Remember, the sooner you take steps to address this issue, the better your chances of a favorable outcome.

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