The certificate of title issue, however, turns the question from one of adverse possession to one of title gained by fraud. On the other hand, simple theft does not generally create title even in the face of a claim of adverse possession, so put for the intervention of the certificate of title process, a ten year stale claim to take possession of the car might work. a lawsuit to gain physical possession of tangible personal property) has expired. Possession ripens into absolute title, as a general rule, when the statute of limitations for bringing a replevin claim (i.e. Person B might be able to acquire title by adverse possession, although this is more problematic when property is subject to a certificate of title like a car is. But, if the state accepted the forged title this would create a presumption that Person B was the owner of the car, and it might not be possible to overcome this presumption after the statute of limitations for fraud (three years from discovery of the fraud) has run.Īlso, the criminal statute of limitations on the car theft and fraud has probably already run. Stealing the car and forging title not recognized by anyone else would not generally give rise to title, or even voidable title to the car. The insurance company's obligation to pay if a request was made and not payment was made, would have run six years (at most) from the demand for payment, so it is too late to collect from the insurance company now if that wasn't done.ĭoes Person B now legally own the car? Can anything be done to get it But, it would be quite likely that the statute of limitations to enforce the debt has run and that the debt cannot be collected.Īlso, usually, in the event of a car theft, Person A would have obtained insurance on the car and would have insurance proceeds available to pay for some or all of the amount owed on the unsecured debt. We don't know enough from the question to know if the debt owed by the unsecured lender to Person A is or is not owed. lawsuits to recover physical possession of tangible personal property). I don't now what it is in Nevada, but it is probably 3 to 6 years from being dispossessed of property and is the statute of limitations for replevin actions (i.e. There is an adverse possession statute of limitations for tangible personal property. The statute of limitations for fraudulent transfers is four years from the date of the transfer, or, if longer, one year from discovery of the transfer if it was made by a debtor with an intent to defraud a creditor.
To enforce the unsecured debt, the creditor must sue within either four or six years of the date that the debt was due an not paid, but the date from which the statute of limitations on collecting the unsecured debt is calculated is restarted every time a payment is made on the debt by Person A, and every time that Person A reaffirms the debt in writing. §11.190-(2)(c)Ĭollection of Debt on Account 4 yrs. Some of the pertinent statutes of limitations in Nevada are as follows (with references to the relevant Nevada statutes):
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