Juvenile shoplifting in CA

M

MomInCA

New Member
My 15 year old daughter took a couple pairs of ear rings from a store. I was in the store too, so as we left the store, security stopped us and took us into their office. She had the ear rings in her mouth and gave them back. They had her fill out some forms, told her she was not allowed back in the store and she would be receiving a fine based on the price of the merchandise. Then a letter from their attorney comes in the mail with a $200 charge. Should I just pay this or is there a different way I should handle it?
 
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MomInCA said:
My 15 year old daughter took a couple pairs of ear rings from a store. I was in the store too, so as we left the store, security stopped us and took us into their office. She had the ear rings in her mouth and gave them back. They had her fill out some forms, told her she was not allowed back in the store and she would be receiving a fine based on the price of the merchandise. Then a letter from their attorney comes in the mail with a $200 charge. Should I just pay this or is there a different way I should handle it?
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Some people say pay, some say ignore.
In your case, and for your child's sake, (but more so for your sanity), I'd say pay it.
If your daughter has a job, or gets a job, I'd make her repay me at $20 a week.
After she had paid me the $200, I'd return it to her with ANOTHER lecture on honesty.
 
After reading some other posts, I see there may also be legal action (court). When I asked the security guy what happens, he just said you will have to pay a fine based on the amount of the ear rings. I thought this was in lieu of any legal action.
 
MomInCA said:
After reading some other posts, I see there may also be legal action (court). When I asked the security guy what happens, he just said you will have to pay a fine based on the amount of the ear rings. I thought this was in lieu of any legal action.
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The demand letter isn't a fine.
I call it tribute, similar to what pirates off the Barbary Coast once demanded.
The DIFFERENCE being its been legitimatized by many state governments, including yours.

If you ignore the demand, the letter writer COULD bring a small claims court case against you.

I'm a Texas licensed lawyer, and Texas has a similar statute.
No one has ever been civilly sued under the statute in Texas.
The letter writer wants easy money, not money that requires a fight.
Most Texas lawyers advise clients to ignore the letter.

The collective opinion of the defense bar nationally is: if you are served a real summons, defend against it, take it seriously.
If you get a demand letter, do nothing, as it isn't an official court document.

You can call a couple CA lawyers and ask them the question.
Ultimately, you must decide.


More information for you to consider:


http://thetorranceattorney.com/2012...he-civil-demand-letter-in-a-shoplifting-case/


http://www.avvo.com/legal-answers/paying-civil-demand-letter----2076353.html


http://www.avvo.com/legal-guides/ug...in-addition-to-or-instead-of-criminal-charges


https://roselawtx.wordpress.com/tag/civil-demand-for-theft-payment/
 
If you ignore the letter and they take any one or more actions available you could be paying triple the amount along with other likely consequences. This could also include a criminal case if not filed at time. As stated because your child is a minor some of these consequences can fall on you. I again reference the links I posted earlier
 
If Police were involved or your child given a citation yes. If not then store can still file long as its inside statute of limitations which is about 1 year. Failing to pay civil Demand could provoke such an action.
 
Yes that should be the case. The store has NOTHING to gain by filing criminal complaint if Civil Demand is paid. The links I provided should answer those questions as well
 

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