Minnesota extended the SOL for victims of sexual assault. The deadline to file a civil case is May 25, 2016. I've met with a few attorneys who handle these cases. All agreed I had a solid case and substantial evidence, however, no one could verify the assets of the defendant. Therefore, I'm proceeding alone. I should be able to determine his financial status by his response, I hope. I'm drafting the complaint and I have two questions that I need answers to:
Venue - incidents of sexual assault occurred in Ramsey County. I live in Hennepin County and did so at the time of injury. Defendant currently lives in St. Louis County. All of these counties are in the state of MN. Do I file in the county where he currently resides?
CASE TYPE & COUNTS: Is this a tort claim? Someone mentioned it's a battery claim, someone else said it's a sexual abuse claim. In the heading of the Complaint, do I list Case Type Tort, or Case Type Sexual Abuse, or Case Type Sexual Battery? I don't want this to be dismissed on a technicality. If I can establish his net worth, I hope to retain counsel at that time. That has happened in the past.
This is not a criminal defense question, you should put it into the civil litigation forum.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
These questions are exactly why an attorney should be hired. The chances are if you mess up on your complaint, you won't be able to bring your claim because the SOL passes in 2 days. I strongly urge you to go hire an attorney now. I'm sure there are attorneys out there willing to take a strong case on the possibility of the defendant not being judgment proof. You could pay hourly and if you find out the person doesn't have any assets, drop the case. Will cost you some money, but at least you have a shot.
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