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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
