Shoplifting, Larceny, Robbery, Theft Shoplifting allegation

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Pindar1

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A person (me) was stopped at a grocery store by store security guard and accused of taking the contents of a cold medicine package out of the store without paying. (I had removed the contents to look at the bottle inside of a oblong box and put it in my coat pocket without thinking while jumbling a lot of other items - I was also very sick and feverish at the time).

I did not have an ID but cooperated by giving the correct information to the security clerk. The security clerk said if the person (me) cooperated, he would be let go with a warning. I had to sign a form saying basically that I would not sue the store for any reason. The clerk said I would be receiving a notice of a civil fine in the mail within the next week.

I explained my position (that the shoplifting was only a big inadvertent mistake - the actual truth) but the clerk threatened to call police and have me arrested if I did not cooperate by signing the form and agreeing never to come into the store again. The security clerk would not give me her name and would not give me a copy of anything.

I was so embarrassed that I left. I am now worried that I should have put up more of a defense or even given a false name.

Question: when and if I get the civil fine notice (expected to be $100.00)should I claim that the person is not me - since they could believe that I gave someone else's name and threaten to sue them if there is not a retraction. Or should I just pay it - not pay it or do something else?

Thank you for your advice..................................
 
I definately think you should lie about this whole situation. A good thing you can do is make a false ID at a check cashing place.


JUST KIDDING, sorry, I just couldn't resist jacksgal's reaction.


You got off lucky with just paying the civil fine, count your blessings.
 
Due Process re: shoplifting accusation

Sirs: there was no due process in my situation. The security guard just wanted a quick, easy case to add to her record. I easily could have given a false name and address. If I do not pay the civil fine or claim someone used my identity..............the store then has a burden to prove its claim - - which I will dispute. How and when would this proceed to the courts?

Can't you guys give some legal parameters on these cases rather than flippantly take the anti-ACLU platform. We are real people seeking your advice, albeit little people in the eyes of the law but we need your valuable insight.

I'm going to fight this grocery store with all of my resources because my rights were violated, I contend, and there are two sides to the law.

Thanks again for your insights.
 
shoplifting allegation...

Will there be any legal record of this incident other than within the grocery store - - - - if I simply pay the civil fine?

If I contest this and dare the grocery store to file a civil claim, could that create a court record that will become difficult to quash?

I still think the grocery store has 'bigger fish' to deal with and will let this die if I put up a fight (via a denial, refusing to pay or paying an attorney to write a defense letter). The item cost $10.99 and the facts of the case are in dispute.

I would be willing to spend a few hundred dollars to eliminate this matter from my record. Please help..................
 
Will there be any legal record of this incident other than within the grocery store - - - - if I simply pay the civil fine?
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The only record of event is in store and their files
If I contest this and dare the grocery store to file a civil claim, could that create a court record that will become difficult to quash?
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It will create a Civil case that could get expensive. Of course if taken to Civil court there will be a record there
still think the grocery store has 'bigger fish' to deal with and will let this die if I put up a fight (via a denial, refusing to pay or paying an attorney to write a defense letter). The item cost $10.99 and the facts of the case are in dispute.
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Thats a coin toss. However these Civil Recovery services or Law firms make no money unless they collect. Since law is on their side its in their best interest to take it far as they feel they need to
would be willing to spend a few hundred dollars to eliminate this matter from my record. Please help..................
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Thats your call
 
Pindar1 said:
Question: when and if I get the civil fine notice (expected to be $100.00)should I claim that the person is not me - since they could believe that I gave someone else's name and threaten to sue them if there is not a retraction. Or should I just pay it - not pay it or do something else?
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You can claim what you wish, but if they take you to court, expect to pay far more than the amount of the civil demand.

Oh, and if you lie in court, and are later identified by the employee and surveillance video, be prepared to do jail time for perjury.

Sirs: there was no due process in my situation. The security guard just wanted a quick, easy case to add to her record. I easily could have given a false name and address. If I do not pay the civil fine or claim someone used my identity..............the store then has a burden to prove its claim - - which I will dispute. How and when would this proceed to the courts?
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The details will depend on the laws in your unnamed state. But, expect to be served with notice to pay the civil demand ... then, expect it to go to a collections agency who may then sue you asking for, perhaps, $500 on top of the civil demand. If you still refuse to pay, they may take you to trial where they will likely produce the employee(s) who contacted you, surveillance video, and your signed paperwork as evidence. Of course, if you continue to lie on court documents, or respond to the lawsuit with a fraudulent statement, expect to tried for a crime.

The store might also have the option of pursuing you at trial for the crime of theft IN ADDITION to the civil demand.

So, you see, ignoring the issue could cost you a lot more than the civil demand.

Can't you guys give some legal parameters on these cases rather than flippantly take the anti-ACLU platform.
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No one mentioned the ACLU. Plus, this has NOTHING to do with civil rights, civil liberties, or the government (outside of the civil court process). The legal options are that you can pay it, not pay it and probably get sued for the CD+$500 or more, not pay it plus get sued AND get tried for theft in criminal court, or, not pay it and lie thereby giving you a chance at a serious offense called perjury.

Your choice. To me, the civil demand is the least intrusive of all the above. And, of course, that nasty little fact that you did the crime.

I'm going to fight this grocery store with all of my resources because my rights were violated, I contend, and there are two sides to the law.
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Please enlighten us as to which of your rights was violated by this security or loss prevention person? I would love to know how this private person managed to violate your civil rights by detaining you for theft.

Will there be any legal record of this incident other than within the grocery store - - - - if I simply pay the civil fine?
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If the police are not involved, and the store does not have to take you to court, I suspect that only the store will have a record of this. But, if they have to prosecute you for theft or take you to small claims court there WILL be a record.

If I contest this and dare the grocery store to file a civil claim, could that create a court record that will become difficult to quash?
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Uh ... yeah. It will be public record forever. You can't just "quash" a court record.

I still think the grocery store has 'bigger fish' to deal with and will let this die if I put up a fight (via a denial, refusing to pay or paying an attorney to write a defense letter). The item cost $10.99 and the facts of the case are in dispute.
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Fine. Dispute it and spend ten times more than than the civil demand and risk greater penalties. Your call.


- Carl
 
Many thanks to cdw and jacksgal for their insightful responses.

My plan now is to pay the fine and move on. The lesson learned is that letting a small item stay in one's pocket in a retail store thinking 'who cares' and then leaving the store is a crime and carries serious consequences.
 
Nah, I think it is. This person's on a high horse because they were caught stealing something, etc. Next thing they'll learn to look both ways before crossing.
 
Civil fine for $10.99 shoplifting allegation..no police...

....a prominent Orlando, Florida law firm stated that ANYONE FACING A CIVIL FINE for shoplifting with no related criminal complaint SHOULD IGNORE the initial demand letter and ignore the 2nd letter that adds $500.00 as an additional collection fine (for not making payment within 20 days).

The law firm goes on to say that these money-grabbing civil claims are not legally enforceable and the company making the claim on behalf of the grocery store would never report the non-payment to any collection agency.

The accused shoplifter signed a form when originally confronted indicating that they will not sue the grocery store for any reason as a result of the apprehension. Again, there was no due process, etc.

CONCLUSION: calling "the bluff" of the grocery store and not giving in to blackmail and extortion by some rogue collection agency is the PLAN.................if the grocery store was serious about the original shoplifting allegation, the security guard would have called the police.............rock on habeas corpus.........................
 
Did the Law firm also tell you that you "could" be sued and thus owe thousands or that they could even seek a criminal solution? I have heard this advice before its bad. The store has the legal right, according to state law, to seek these funds. They can triple the fine if not paid and can sue you in court and win if you continue to ignore this. Then you owe thousands. They can also report this to any or all the credit reporting agencies as well. Yes they could blow it off but its a crap shoot. Is it worth it? If so quit wasting our time!:mad:
 
raskalnikov said:
Now now Jacksgal, that was uncalled for. . .
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No Rask is was called for and I would like you to stop mocking me. The poster got some very sound good advice that poster apparently wants to ignore. My husband works in this area and I can assure you and all who read this that not paying Civil Demand is not smart move. If the poster wants to ignore the advice given here then yes we are wasting our time on poster
 
Oh dear Lord, btw. . .

I'm watching THE HAPPENING right now. Worst film I've ever seen if taken serious, but as a comedy it's priceless.
 
Pindar1 said:
....a prominent Orlando, Florida law firm stated that ANYONE FACING A CIVIL FINE for shoplifting with no related criminal complaint SHOULD IGNORE the initial demand letter and ignore the 2nd letter that adds $500.00 as an additional collection fine (for not making payment within 20 days).

The law firm goes on to say that these money-grabbing civil claims are not legally enforceable and the company making the claim on behalf of the grocery store would never report the non-payment to any collection agency.

The accused shoplifter signed a form when originally confronted indicating that they will not sue the grocery store for any reason as a result of the apprehension. Again, there was no due process, etc.

CONCLUSION: calling "the bluff" of the grocery store and not giving in to blackmail and extortion by some rogue collection agency is the PLAN.................if the grocery store was serious about the original shoplifting allegation, the security guard would have called the police.............rock on habeas corpus.........................
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And they promised to defend you, free of charge if they are wrong, I presume? :rolleyes:

- Carl
 
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