What to do about theft of my products?
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What to do about theft of my products?
I am a small business owner in the same retail space as another small business. I have caught them selling my products and keeping the money ($13,000 so far). I suspect over 7 years at this location, that a lot more has been taken. I have approached the owner and he has denied it. I am a designer/accessory business working with a furniture company.
Asked on November 30, 2010 under Criminal Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Theft is a both a crime--so you could report them to the police--and a civil tort--or something which you could sue about. One thing which might stymie you, at least in part, is what is known as the "statute of limitations," or time to sue. For an intentional tort--i.e. an intentional bad act, like theft--it's often short; it may be as short as 1 year. That would mean that you could only sue for losses within the past year, though there are some doctrines or rules that may let you extend the time to sue (sometimes, if it would have been very difficult to discover the tort initially, the plaintiff's time to sue is extended to when he or she did discover it, or at least to when he or she had a reasonable opportunity to discover it).
Reporting to the police may get you justice, but it probably won't get you compensation. Suing is how you would get money back. If you think you have a case (e.g. evidence), you should contract an attorney immediately, before more time goes by.
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