Statute of limitations on stolen property recovery?

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urnoodle
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Statute of limitations on stolen property recovery?

Post by urnoodle »

I ran across a classified listing today that appears to be similar to something stolen from my house about 5 yrs ago. I don't want to say what it is at this point and I'm not 100% sure it's mine. It has some identifying marks that were unique to my item. The one thing that would absolutely make the identification is covered in the pictures. The person or persons that robbed my house were never caught. I've been watching classifieds all this time hoping the idiot would try to sell it. All this time I have never seen another like it and it's fairly unique. Although I'd like to have this particular object back, the robbers took something far more important to me and if possible I'd like see if I can recover it. I'm thinking about responding to the ad to see if I can get the identifiable info out of the seller. I know better than going to see it. I don't want to get the police involved unless I know I can recover it. Has too much time passed? I've searched the web but can't find anything that indicates whether I can legally recover it.
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WildBill
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Re: Statute of limitations on stolen property recovery?

Post by WildBill »

urnoodle wrote:I ran across a classified listing today that appears to be similar to something stolen from my house about 5 yrs ago. I don't want to say what it is at this point and I'm not 100% sure it's mine. It has some identifying marks that were unique to my item. The one thing that would absolutely make the identification is covered in the pictures. The person or persons that robbed my house were never caught. I've been watching classifieds all this time hoping the idiot would try to sell it. All this time I have never seen another like it and it's fairly unique. Although I'd like to have this particular object back, the robbers took something far more important to me and if possible I'd like see if I can recover it. I'm thinking about responding to the ad to see if I can get the identifiable info out of the seller. I know better than going to see it. I don't want to get the police involved unless I know I can recover it. Has too much time passed? I've searched the web but can't find anything that indicates whether I can legally recover it.
I would get the police involved. Even if you can't recover your item they might have some more recently stolen items that can be returned to their rightful owners. There may be a statute of limitations for the theft, but you should be able to recover your items. Recently, I remember reading about some lawsuits trying to recover paintings and artwork that were stolen during World War II. Good luck!
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Re: Statute of limitations on stolen property recovery?

Post by RPB »

A Statute of Limitations regards during what time period charges may be filed in a criminal matter or during what time a lawsuit may be filed in a civil matter, do how long you have to get your stolen property back.

Some offenses, such as "assault" may be both a CRIME/criminal assault in the criminal Courts and a TORT https://www.google.com/search?q=tort&ie ... =firefox-a" onclick="window.open(this.href);return false; /civil assault in the Civil courts having different "limitations" on each for the same action... remember OJ Simpson's two trials? Civil and Criminal...

But, since you asked
Criminal limitations are contained here
http://www.statutes.legis.state.tx.us/S ... /CR.12.htm" onclick="window.open(this.href);return false;
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 12. LIMITATION

Art. 12.01. FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

==============================
Special conditions exist in both Civil and Criminal as far as computation, such as if Defendant was out of the State/Country, you'd subtract that period of time from the total in some instances ... or if they were a minor at the time ...or incarcerated in some instances tolls the Statute, or if they were comatose for a period of time or ...

Example
Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the accused is absent from the state shall not be computed in the period of limitation.

(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.

(c) The term "during the pendency," as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.
CIVIL
http://www.statutes.legis.state.tx.us/D ... /CP.16.htm" onclick="window.open(this.href);return false;
CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE B. TRIAL MATTERS

CHAPTER 16. LIMITATIONS

SUBCHAPTER A. LIMITATIONS OF PERSONAL ACTIONS

However, none of that should matter to you ... you just need to get it reported to the Police.
I'm no lawyer

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philip964
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Re: Statute of limitations on stolen property recovery?

Post by philip964 »

I am aware of cars being returned to their rightful owners many decades after they were stolen. But these have titles. I am also aware as has been mentioned of artwork stolen by the Nazi's being returned after being sold many times. However, this usually involves notable art galleries, who would be hurt by retaining stolen works.

One problem would be proving it was yours. Certainly telling the police before you saw the item, that it has these marks and then the police discovering the marks would help.
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The Annoyed Man
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Re: Statute of limitations on stolen property recovery?

Post by The Annoyed Man »

My brother once recovered a very valuable stolen guitar this way.

By the way, check out: http://propertyroom.com/. It's an online police auction website. If you see something of yours for sale there, they will assist you to recover it.
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Re: Statute of limitations on stolen property recovery?

Post by 92f-fan »

The police wont typically get involved unless you have unique numbers like Serial numbers and they were on the original Police report

How do I know ? I found the guy who stole my truck selling the parts he stripped off it - One of the many reasons I dont buy from Craigslist

BTW I was able to prove the stuff was mine because I had the key that fit a lock in the stuff he was selling ... He was arrested and charged w Possession of stolen property.... They found stuff linking him to 5 other open cases and he still got probation ... :grumble
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urnoodle
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Re: Statute of limitations on stolen property recovery?

Post by urnoodle »

Well I did respond to the ad and it was already sold. The identifying info is infact a serial number which was captured in the original police report at the time of the burglary. I have no way of knowing who the seller was or where he lived. I have a name but it might be fake. I saw the item on Craigslist wouldn't you know it. I assume the thief would only be able to sell it to a private party because it would be on some stolen property list. I couldn't even weasle out of the seller any digits of the serial number. I have left a message with the officer who wrote the report but I don't suspect I'm going to get anything out of it. As far as I'm concerned I would have given the item to the thief if it led to the recovery of a ring that once belonged to my grandmother. There isn't a lot of monetary value in the ring but lots of sentimental value.
92f-fan wrote:The police wont typically get involved unless you have unique numbers like Serial numbers and they were on the original Police report

How do I know ? I found the guy who stole my truck selling the parts he stripped off it - One of the many reasons I dont buy from Craigslist

BTW I was able to prove the stuff was mine because I had the key that fit a lock in the stuff he was selling ... He was arrested and charged w Possession of stolen property.... They found stuff linking him to 5 other open cases and he still got probation ... :grumble
I'm glad they got yours. I can't believe he only got probation. I'm sure the ones that got me were also responsible for hitting a few other houses in my neighborhood. I moved out not long after and I've heard more houses were broken into. Last heard no one has been caught.
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