Legal Question in Criminal Law in California

I own my own business and for a while I employed my cousin part time. He was arrested and while he was in jail I figured out he had stolen $1,200 from me by changing the amounts on the payroll checks I issued to him. He also stole 3 blank payroll checks and filled them out for various amounts. I don't think filing charges against him will do any good as he is a low life drunk, addict, and thief and spends most of his life in and out of jail anyway, but I would like the option of garnishing his wages if by some miracle he ever gets a decent job. How long do I have to press charges against him? Is there a limitation statute on this? What would the charges and the penalty be for this amount? Thank you.


Asked on 12/05/12, 10:12 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The only way to garnish your cousin's wages if he isn't prosecuted would be to bring -- and win -- a civil suit against him. It sounds like your case would be appropriate for small claims court, though that depends on how much the three stolen checks cost you. It is up to you to decide whether the time and effort it would take to bring such a case and to enforce the judgment if you win would be worthwhile.

Note that, if your cousin is prosecuted and convicted, the court might order him to pay you restitution. There is no guarantee that it would even if your cousin is found guilty. But a restitution order would give you some of the same rights as a civil judgment, without the time or expense of suing him,

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Answered on 12/05/12, 10:40 am
Terry A. Nelson Nelson & Lawless

If you intend to have him prosecuted, file a crime report with the police. They will determine what charges they are willing to file, which will determine what the jail time will be. Misdemeanor crimes have a one year statute. Felonies have at least a three year statute.

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Answered on 12/05/12, 2:11 pm


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