QUESTION

What is the Statue of Limitations in NJ for Theft of Services?

Asked on Jan 25th, 2016 on Criminal Law - New Jersey
More details to this question:
In the winter and spring of 2009 I did some accounting work for a local CPA who never paid me for my services. I would like to bring him to criminal court for Theft of Services if possible.
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2 ANSWERS

Anthony Van Zwaren
As Mr. Dimon mentioned, there is no way a prosecutor will prosecute this as a criminal case, and even if they did, your statute of limitations would have expired after either one year for a disorderly person level offense or five years if it amounted to a grand larceny type charge. Either way, it is barred. Even if you tried under a civil suit for breach of contract, you have exceeded the six year mark. My question would also be why did you choose to wait seven years? Even if you were under the six year deadline, a case that old is very hard to prosecute because evidence disappears, etc. and there is something called the doctrine of laches. This doctrine basically states that too much time has passed and it would be prejudicial to the defendant to have to try and search for supporting evidence after so many years. Just chalk this up to experience.
Answered on Feb 08th, 2016 at 9:04 AM

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Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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You have two issues. The first is that the prosecutor will not prosecute this case. You did not come forward in a timely manner and it is a civil case. You also have a timing issue with the civil case because of the statute. Why did you wait seven years ? Ed Dimon
Answered on Jan 26th, 2016 at 4:03 AM

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