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minor shoplifting

Discussion in 'Juvenile Crime, Law & Court' started by carrue, Jun 3, 2014.

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  1. carrue

    carrue Law Topic Starter New Member

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    My 14 year old child walk out of a big chain pharmacy store with a nail polish without paying. Loss prevention called her and I was called to pick her up. I received a letter from their lawyers to pay a fine of $375 . Am I obligated to pay this fine? could there be consequences to me or my child if I dont pay?
     
  2. army judge

    army judge Super Moderator

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    What you received is a demand letter.

    We are only obligated to do what a court orders us to do.

    Here is a very informative article by a CA licensed attorney, expounding on those demand letters.
    I commend the lawyer, as he eloquently reveals your rights.
    As an attorney myself, would you send me money because I DEMANDED it?
    No, you wouldn't.
    The time for the store to have attempted to prosecute your child has passed.
    I suggest you discuss this with your child, get toi understand that stealing is wrong, but I wouldn't send these scammers a dime.
    If they sue you, you defend.
    But, they won't.
    If they do, read the author's point at ITEM 12!!!!
    The article:

    http://www.avvo.com/legal-guides/ug...oplifting-arrest---california-penal-code-4905

    This is the law in your state (CPC 490.5) about those scandalous demand letters:

    http://law.onecle.com/california/penal/490.5.html
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    I am a retail theft consultant (not a Lawyer) I deal with this very question daily. AJ is right your not obligated to pay without court order. However what he did not say is what happens if you don't pay and those possible consequences. First you fine will triple. Next they can sue you in court if they win they will get the inflated fine plus possible legal fees and court costs. They can send negative report to credit reporting agencies or even file criminal complaint for theft if not filed at time. Your state has a Civil Demand law. This is on the books so every action they take (if they choose) is lawful and you cannot fight it. These laws exist for a reason read more here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 Now these consequences can be alone or combined. The letters are not scandalous they are the law regardless of what an Attorney tells you. They can disagree with law but it does not change it. If your not paying this Lawyer then he not your Attorney or acting/advising in your best interest. My question for you is this. Are you willing to gamble the aforementioned by not paying? I would say no and I would make my child pay the fine or repay me.
    Let add those telling you not to pay are not assuming any of the risk you are!
     
    Last edited: Jun 3, 2014

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