Bill for shoplifting -- help please

Re: Re:Bill for shoplifting -- help please

In order to delve into whether something can be done after the fact, I would imagine you would have to look into the statute of limitations.

My friend had a similar experience: He was caught shoplifting at Mervyns and prosecuted. He was sent a letter from Mervyns asking for $1000 in legal damages. The public defender told my friend to blow it off, as they will not make any more attempts to collect.

Turns out they never contacted him again.

 

Re: Re:Bill for shoplifting -- help please

This should go directly to state of mind.

The store chose not to contact police. His decision.

Later they attempt to use that as leverage to extort / extract $250 from her?

This whole thing stinks to me.

I'm still lookin.



Did you sign anything when they caught you?

????

extortion:
Illegal use of one's official position or powers to obtain property, funds, or patronage.

n 1: an exorbitant charge 2: unjust exaction (as by the misuse of authority): "the extortion by dishonest officials of fees for performing their sworn duty" 3: the felonious act of extorting money (as by threats of violence)



.

 

Re: Re: Re:Bill for shoplifting -- help please

My friend is in CA. Every company IS different, but are you implying that one company can collect and another cannot?

 

Re: Re: Re:Bill for shoplifting -- help please

while i like everyone on this board, this is not the right place for a question like that. we know FCRA/FDPCA/credit repair, not shoplifting laws.

you need to call a lawyer immediately. you stole from the business, and whether or not they got the merchandise back isn't the issue. you are being billed for time/effort/resources, etc.

don't speculate your rights and their rights. call a lawyer.

 

Re: Re: Re:Bill for shoplifting -- help please

I work in Retail Loss Prevention and know exactly what you are involved in. When someone is apprehended for shoplifting, retailers may choose to contact local law enforcement and have criminal charges pressed against you, however that is not what happened to you.

Most states have what is referred to as Civil Demand, Civil restitution or Civil recovery laws which allow a retailer to demand a civil payment as a result of the shoplifting incident. This is separate from criminal charges and, depending on state law, can be instead of or in addition to any criminal charges.

The rationalle behind these laws is that stores must spend exhorbitant amounts of money to protect themselves from theft (i.e. equipment, personnel, etc.) as well as to cover losses. Instead of having to pass these costs along to all consumers in the form of higher prices, the costs are passed along to those who steal.

Most retailers use Civil demand, some do it in-house, others use outside agencies that specialize in this field.

If you do not pay, the retailer can sue you for the money, although many retailers do not go that far. I would recommend calling the number on the letter, explaining your situation and asking for an alternative solution to the problem. Some retailers will outright forgive your fine, other will make you attend a training program to educate you about shoplifting such as "Shoplifter's Annonymous."

I hope this helps!

 

Re: Re: Re: Re:Bill for shoplifting -- help please

If this post gets you bent, how did you deal with "Ignore This"?

 

Re: Re: Re: Re:Bill for shoplifting -- help please

i ignore the ignore, and delete the delete.

i just meant to the OP that those here give advice on credit repair not legal advice on subjects such as shoplifting. not to say someone here couldn't help, just that this probably isn't the board for them.

 

Re: Re: Re: Re:Bill for shoplifting -- help please

I like the post, it gave me a new idea for a new shoplifter rehabilitation biz.

 

Re: Re: Re: Re:Bill for shoplifting -- help please

This is a credit forum, you can get a lot more help from the shoplifting forum:

http://counsel.net/chatboards/crimlaw/

;-) You have to love the internet.

Seriously, there are lawyers in that forum that will answer your questions.

 

Re: Re: Re: Re:Bill for shoplifting -- help please

saproctor1, I had that situation once a long time ago. This is actually credit related because the amount they were going after me for ended up on my credit reports. I contacted them on a intention to pay what they thought I owed them. I told them the situation and that I was basically broke. Anyways they didn't bother me anymore after some time. I really don't think in my opinion that they are going to go after you on criminal charges. They would have done so already if they really intended to. What do they really have to gain at this point? A $250 letter is about all. What do they have to gain in criminal court? Reputation is about it. What would it cost them to show up if it came to criminal trial?

Basically you sound like you are judgment proof. Why would they go after you in that situation? I highly doubt they would actually pursue this long term. In my personal situation I disputed it with the CRA's and it was deleted a long time ago. It probably wasn't worth their time or paperwork to verify it, along with being an ass like I was. I would consider yourself lucky for not being prosecuted on the spot. I guess they didn't really lose anything and didn't really have past evidence that tied you to doing something like this to them in the past.

If I were you I would not worry about it and probably deal with your real life future at this point. The $250 letter probably works in a certain number of cases to offset the costs of shoplifting towards them on items they actually receive back. It is kind of an extortion letter but what goes around comes around. See what I mean?