What is the Statute of Limitations on forgery?
11/08/2007 - Courts - State: WA #11901
Are there any exceptions to the Statute of Limitations? I have original documents in my possession and located recorded county documents proving a mortgage loan officer committed over one thousand forgeries between 1995 and 2005. Ninety-five percent of the forgeries committed by this person are confirmed by the victims in each case. I would like to know if there is any way possible this person could still be held accountable for each and every forgery count committed regardless of the three year "Statute of Limitations" having expired in all but five recently committed forgery counts.
The following are Washington statutes:
RCW 4.16.170 Tolling of statute — Actions, when deemed commenced or not commenced.
For the purpose of tolling any statute of limitations an action shall be deemed commenced when the complaint is filed or summons is served whichever occurs first. If service has not been had on the defendant prior to the filing of the complaint, the plaintiff shall cause one or more of the defendants to be served personally, or commence service by publication within ninety days from the date of filing the complaint. If the action is commenced by service on one or more of the defendants or by publication, the plaintiff shall file the summons and complaint within ninety days from the date of service. If following service, the complaint is not so filed, or following filing, service is not so made, the action shall be deemed to not have been commenced for purposes of tolling the statute of limitations.
RCW 4.16.180 Statute tolled by absence from state, concealment, etc.
If the cause of action shall accrue against any person who is a nonresident of this state, or who is a resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the terms herein respectively limited after the coming, or return of such person into the state, or after the end of such concealment; and if after such cause of action shall have accrued, such person shall depart from and reside out of this state, or conceal himself, the time of his absence or concealment shall not be deemed or taken as any part of the time limit for the commencement of such action.
RCW 4.16.190 Statute tolled by personal disability.
(1) Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.
(2) Subsection (1) of this section with respect to a person under the age of eighteen years does not apply to the time limited for the commencement of an action under RCW 4.16.350.
RCW 4.16.200 Statute tolled by death.
Limitations on actions against a person who dies before the expiration of the time otherwise limited for commencement thereof are as set forth in chapter 11.40 RCW. Subject to the limitations on claims against a deceased person under chapter 11.40 RCW, if a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives after the expiration of the time and within one year from his death.
RCW 4.16.210 Statute tolled — By war as to enemy alien.
When a person shall be an alien subject or a citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.
RCW 4.16.220 Statute tolled — As to person in military service of United States.
When the enforcement of civil liabilities against a person in the military service of the United States has been suspended by operation of law, the period of such suspension shall not be a part of the period limited for the commencement of the action.
RCW 4.16.230 Statute tolled by judicial proceedings.
When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.
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11/08/2007 - Category: Courts - State: WA #11901
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