Legal Question in Credit and Debt Law in California
Statute of limitations on theft
My husband was accused of theft by his employer over three years ago. They chorused him into signing a statement admitting to this. Now 9-13-04, my husband was told, the now ex-employer, has filed a claim against him. What kind of claim could they file and what are the statue of limitations on something like this? My husband still works for the same company but it is owned by new people. The new employers know all about the accusations made by the ex employer against my husband. The new employers purchased the company and all its debts.
Thank you for you help
1 Answer from Attorneys
Re: Statute of limitations on theft
If all the assets of the company were purchased by the successor owner(s), this (lack of standing to sue) would be a complete defense to a lawsuit brought by the former owner(s). Of course, this defense would have to be presented in the proper legal form and supported by evidence. Your lawyer would file a responsive pleading to the lawsuit, obtain discovery of the contract of sale, and then move to dismiss the lawsuit. Do not again sign anything or admit guilt in any similar circumstance without consulting a lawyer first.