Legal Question in Civil Litigation in Florida

is there a tolling period and/or delayed discovery period in a civil theft cause of action; claimant claims a CD was swapped by several individuals ultimately depriving claimant of his entire CD and benefiting the other individuals; this happened in 2006; However claimant did not find out about the swapping until end of 2008; the statute of limitations normally for civil theft is 5 years; can the claimant still bring the claim which he ultimately found out about in 2008 now in 2013 assuming he has a few months left?


Asked on 10/22/13, 1:49 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The civil theft statute of limitations, if applicable, would run from the date that the individual knew or should have known about the facts that supported it. If the individual has known for 5 years, flirting with the statute running was a bad idea. No way to know for sure when it started to run if the information was hidden or the other party failed to disclose it. Issues arise about what actions the harmed person should have taken to protect himself. Seek legal help and act quickly.

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Answered on 10/22/13, 2:35 pm


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