QUESTION
Statute of limitation in Arkansas for theft
Asked on May 07th, 2018 on Civil Litigation - Arkansas
More details to this question:
Hi. A former employer of mine, a physician, accused me of theft after I quit his employ. The date of his criminal accusation would have been December 2013. The criminal charges were dropped, and now he has sued me civily. He originally petitioned in Aug 2016, and I responded, but nothing has been done with the case until now, and his attorney has pushed for a trial date. Has the statute of limitations not run out on this?
1 ANSWER
Statutes of limitations give you a certain amount of time to file a lawsuit, they have nothing to do with how long the suit takes. In other words, if the claim was timely brought in Aug 2016, the case can be litigated for 20 years (I am currently involved in a case that was started in 2000) without violating the statute of limitations. If, which I doubt (but I am not sure as I am not an Arkansas attorney) the statute of limitations was less than 2 years and 8 months, you may still have waived that defense if you did not raise it in your answer to the complaint (you called it a response to a petition, which is possible in Arkansas, but in most states the complaining party would serve a Summons and Complaint, and the defending party would serve an Answer to it).
Answered on May 07th, 2018 at 12:21 PM