In April I was arrested for shoplifting at a local mall. Not much longer after I was released and convicted, I was contacted by an attorney for JC Penny. They claim that I must pay them the value that I attempted to take from the store. A friend of mine said that her lawyer told her not to pay them. A few others in this same situation said that you don't have to pay them. I'm not going to just take their word for it, but I just don't understand why I would have to pay my fines, court costs, probation fees...and this other cost. I'm not sure which route to take. Please advise!
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Shoplifting, Larceny, Robbery, Theft Theft Charges
- Thread Starter Nikki8807
- Start date
- Status
I haven't heard that you have to pay the value you tried to steal from the store but it makes sense that if your conduct incurred costs for them then they can go after you for the costs of prosecuting you. After all, but for your criminal actions the store wouldn't have incurred all of these expenses. Does that make sense to you?
thelawprofessor,
Do you work for JC Penny? I think the state (you and I) paid for the prosecution of this gal, not JC Penny. And JC Penny got their merchandise back. I think Nikki paid her debt for what she did. Why don't you tell her the real situation... that JC Penny is just trying to bully her into paying them and it would be highly unlikely they would try to actually sue her. I could be totally wrong on this, but I would have to see where a ratailer did sue and win on a similar case.
-Dave H.
Do you work for JC Penny? I think the state (you and I) paid for the prosecution of this gal, not JC Penny. And JC Penny got their merchandise back. I think Nikki paid her debt for what she did. Why don't you tell her the real situation... that JC Penny is just trying to bully her into paying them and it would be highly unlikely they would try to actually sue her. I could be totally wrong on this, but I would have to see where a ratailer did sue and win on a similar case.
-Dave H.
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seniorjudge
New Member
JCP is talking about the civil side of the case. I have no idea if they have a good case.
I've never heard of a retailer suing in such a circumstance. Can you enlighten me? I would think the store had an $8.00 store dick on the payroll already who turned Nikki over to the local police at the store. The state then handled the prosecution of the case. Where would all the expenses you're assuming JC Penny incurred be?
seniorjudge,
The article tells me something about the overall impact of successful shoplifting, nothing about the retailers' costs of prosecuting shoplifters.
Nikki wasn't successful. JCP didn't have to sell ten times what she tried to lift to make up for it. They got their merchandise back. She got prosecuted by the state, convicted by the state, and paid her penalty to the people of whatever state.
-Dave H.
The article tells me something about the overall impact of successful shoplifting, nothing about the retailers' costs of prosecuting shoplifters.
Nikki wasn't successful. JCP didn't have to sell ten times what she tried to lift to make up for it. They got their merchandise back. She got prosecuted by the state, convicted by the state, and paid her penalty to the people of whatever state.
-Dave H.
CdwJava
Moderator
Most states (like mine) allow merchants to exact a civil assessment for the costs associated with the theft and apprehension, usually to the tune of between $300 and $500. This assessment is above and beyond any penalties assessed in court. In CA the penalty is between $50 and $500 and does NOT have to be specifically associated with a loss.
Many stores can and DO pursue these claims ... others do not. Given that the OP was convicted, if she were in my state she would lose handily in Small Claims court.
But, different states have different laws. And, it depends on how much the OP wants to gamble.
- Carl
PC 490.5(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
Many stores can and DO pursue these claims ... others do not. Given that the OP was convicted, if she were in my state she would lose handily in Small Claims court.
But, different states have different laws. And, it depends on how much the OP wants to gamble.
- Carl
seniorjudge
New Member
Your question is imminently fair.
But I have no way of answering it since I avoid JCP as much as possible.
CdwJava,
I stand corrected.
Nikki, CdwJava just posted your answer if you live in CA. If not, try to find out the law in your state. Assuming this kind of law is also in your state, you have to decide whether to pay 'em or wait and see if they come after you for it. They can't put you in jail for it, it's a civil matter. The worst they can do is get a judgement against you which they can try to collect and which really hurts your credit.
-Dave H.
I stand corrected.
Nikki, CdwJava just posted your answer if you live in CA. If not, try to find out the law in your state. Assuming this kind of law is also in your state, you have to decide whether to pay 'em or wait and see if they come after you for it. They can't put you in jail for it, it's a civil matter. The worst they can do is get a judgement against you which they can try to collect and which really hurts your credit.
-Dave H.
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