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Juvenile shoplifting in CA

Discussion in 'Juvenile Crime, Law & Court' started by MomInCA, Jun 17, 2015.

  1. MomInCA

    MomInCA Law Topic Starter New Member

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    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?
     
    Last edited by a moderator: Jun 17, 2015
  2. army judge

    army judge Super Moderator

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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.
     
  3. Betty3

    Betty3 Super Moderator

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  4. shrinkmaster

    shrinkmaster Well-Known Member

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  5. MomInCA

    MomInCA Law Topic Starter New Member

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    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.
     
  6. army judge

    army judge Super Moderator

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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/
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    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
     
  8. MomInCA

    MomInCA Law Topic Starter New Member

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    My question is, will the juvenile court be notified. Will there be some legal action by them?
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    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.
     
  10. MomInCA

    MomInCA Law Topic Starter New Member

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    Are you saying, IF I pay the $200, that will be the end of it? If I do not, there may or may not be additional consequences?
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    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
     
  12. MomInCA

    MomInCA Law Topic Starter New Member

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    There were no police involved and no citation given. Thank you, that answers my question.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    As stated they (The store) can still file and not paying Civil Demand could provoke that
     

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