my little cousin was recently caught shoplifting $50 worth of cosmectics at a drug store. the police was not involved however the store security said that we will be sent a letter of demand for $450 and if we don't pay they would proceed to court. since my cousin is so young, her guardian is responsible for the payment. but her parents were at work so i had to pick her up at the time and the notice they gave me stating they will seek charges were never signed by a guardian. i also noticed they spelt the guardian's (her mother's) name wrong. if the following was a mistake on the security guard's part does that mean she does not need to pay the $450?
2007-08-09 04:46:51 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In addition to being a prosecutor and a former police officer, I also worked as a loss prevention officer catching shoplifters while I was in college.
It sounds like you live in a state like Texas where a law was passed that allows merchants to seek civil damages for the cost of preventing theft. When I was doing that job, the store records indicated that they collected 10 times my pay in demands from people that I caught. Basically, you have received a scary letter and that is it. If they do not pay, the store MAY sue, but it is extremely unlikely. Additionally, that letter has nothing to do with criminal charges. If the police have not been involved yet, it is EXTREMELY unlikely that they will become involved at this point. However, there is a 2 year statute of limitations on misdemeanor theft (in Texas), so the store could technically press criminal charges any time within two years of the offense.
2007-08-09 04:57:38 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Jason has the best answer here. The way stores handle shoplifting cases varies. Some may decide to place criminal charges and ban the shoplifter for life and not make you pay them if they recovered what is stolen. Some stores perfer to handle it through civil court. Either way, a clerical error will not get the guardian out of civil charges. Bottom line is a crime was committed by a minor, therefore the guardian is responsible. An misspelled name does not mean that there was no crime committed. Just be glad there wasn't any criminal charges added.
2007-08-09 11:15:47 · answer #2 · answered by vago 2 · 1⤊ 0⤋
Your cousin's legal guardian will be responsible for anything owed to the store for the shoplifting, regardless of who picked her up or how they spelled the name. Usually stores will try to collect 3 times the value of the items stolen from the parents (if the shoplifetr is a minor) stating that they will proceed in a civil suit if this is not paid. How old is your cousin? If she is younger than 7, they should not pay anything.
2007-08-09 04:54:39 · answer #3 · answered by TeddyBear121 3 · 4⤊ 0⤋
Clerical errors do not absolve the fact that your cousin stole. It may for a short time interfere with their collecting the money if she fails to pay, however it won't keep her out of jail.
2007-08-09 04:55:35 · answer #4 · answered by davidmi711 7 · 3⤊ 0⤋
Why don't you guys do what is honorable and pay for your mistakes, rather than trying to weasel out of taking responsibility for your actions?
This is part of what's wrong with people, today... "Ooh! They spelled my name wrong, that means I'm absolved of all responsibility! Yippee!"
Is there no honor left?
2007-08-09 07:26:34 · answer #5 · answered by Anonymous · 2⤊ 0⤋