My Son Was Caught Shoplifting at Wal-Mart and Got a Civil Demand Letter - What Now

[gronsonj]

I have scoured this website unsuccessfully to find the answer to my specific question. My 18-year-old son was caught shoplifting a $15 item at a Wal-Mart in California. He was issued a misdemeanor citation, with a court date, by the police. Two weeks later, he of course received the civil demand letter. This was new to me. My first reaction was that this was nothing more than a shakedown, but after reading several threads on this website, it's clear that this is a common legal recourse that retailers are now pursuing. My question is this: If my son opts NOT to pay the demand (we still think there is a shakedown element to this), what is the likelihood of Wal-Mart actually going through with the civil action? And if they do, what are the chances of Wal-Mart actually receiving a judgment in their favor? Keep in mind that the community here, and thus the jury pool, generally looks at Wal-Mart with disfavor, for well publicized reasons. Might that be a factor? The fact that the store would be seeking solely punitive damages seems preposterous. It sounds like a money grab.

[jk]

If my son opts NOT to pay the demand (we still think there is a shakedown element to this), what is the likelihood of Wal-Mart actually going through with the civil action?

no idea what-so-ever. You could ask them.

And if they do, what are the chances of Wal-Mart actually receiving a judgment in their favor?

presuming your son is guilty; somewhere around 100%.

Keep in mind that the community here, and thus the jury pool, generally looks at Wal-Mart with disfavor, for well publicized reasons. Might that be a factor?

not for the civil demand. I seriously doubt it will be heard in front of a jury.

The fact that the store would be seeking solely punitive damages seems preposterous. It sounds like a money grab.

it is to compensate the store for the damages your son caused. The merchandise may not be salable and there are obvious costs with dealing with shoplifters. I would be more concerned about your son being a thief. Given that he is no longer a minor, this is the kind of thing that can follow him for the rest of his life. Not a good way to start adulthood.

[gronsonj]

presuming your son is guilty; somewhere around 100%.

Ok, what if he pleads no contest and goes through a diversion program. Would that affect the civil demand judgment?

[free9man]

Not really. The store most likely has sufficient evidence to prove his guilt, which can also be used in the civil trial where there is a far lower burden of proof than the criminal trial.

[PandorasBox]

The Civil Demand is separate from the Criminal Charges.

It's like this....if your son does not pay the judgement, this is what can happen:
- They will send him another Civil Demand notice, and the amount can double.
- The send him a third notice....again increasing the amount.
- They take him to Civil Court, and add in the cost of filing the Civil Suit, and the costs of their attorneys. (Attorney fees can be $200/hr)
- The plaintiff (the store or their attorneys) present their case & evidence to the judge. Your son presents his case.
- Judge enters a ruling.

If it is in favor of WalMart: Expect amount of highest Civil Demand letter + filing fee + attorney fees = $2000+.

Now....if the judge rules in favor of the store and your son still doesn't pay....it is a negative on his credit report. Which means if he needs an apartment, or a car....Mom or Dad will have to co-sign.

Also, with a shoplifting charge....your son is going to find it very hard to find a job. He will not be working retail. Nothing that involves cash handling or a high level of trust.

Which also means....I hope your son likes living with Mom and Dad for quite a few more years.