Civil Demand Sent to Parent for Child's Theft

[ladyv1]

My question involves court procedures for the state of: Missouri
How can I get charged for an offense I did not do. The Wal-mart attorney has demanded in pursuant with the mo statue 570.087 for me to pay $250.00. Where is the juvenile's punishment? How can they charge me for a crime I have not committed? Isn't this some kind of a violation to me, (the parent)

[souperdave]

I would imagine that you, the parent, were previously aware of the juvenile's offense being that some sort of parent would've had to have picked them up from police custody at the time.

In the state of Missouri, the parents are responsible for their offspring's obligations that may arise from criminal activity(s). You are not criminally liable, the offender is, but you may very well be held responsible for the civil demand liability.

$250 could be a lot of yard/housework for "the juvenile".

[ladyv1]

I did not have to pick up my child. She was released to come pick me up because she had the car. She was not given any paper work and was told she would receive something from juvenile courts in the near future through the mail.

This civil demand liability has no deterent factors for the child, while my child is very much prepare to except her punishment, from the juvenile courts, for her poor decision.

[souperdave]

Civil demand is not meant to be any sort of deterent. That's what the criminal justice system is for.

[ladyv1]

So what is the civil law justice system for?

[PandorasBox]

Your kid is a minor, and therefore....YOUR responsibility.

If you don't pay the Civil Demand, the store can take you to court for a much higher amount. They'll win the judgement, and if you still don't pay - it becomes a mark on your credit rating.

You will have to attend court with your kid, so plan to take that day off. And expect hundreds in court costs and fines. Your kid may need a lawyer as well.

[ladyv1]

Example: If my child was to break a window intentionally/accidentally the child will be punished and the liability for actual damages to replace the window I will pay (due to lack of income of the minor).

The actual damages has been recovered with the less than $10.00 of merchandise. Can you help me understand how my paying $250.00 in a civil demand for no actual damages and no punishment for the minor is justifiable?

[Security Consultant]

Since you have chosen to ignore the advice given to you - here's the Section that applies in Missouri:

570.087. 1. As used in this section, the following terms mean:

(1) "Actual damages", the full retail value of any merchandise which is taken or which has its price altered in a manner described in subsection 2 of this section, plus any proven incidental costs to the owner of the merchandise not to exceed one hundred dollars;

(2) "Mercantile establishment", any place where merchandise is displayed, held or offered for sale either at retail or at wholesale;

(3) "Merchandise", all things movable and capable of manual delivery and offered for sale either at retail or wholesale;

(4) "Unemancipated minor", an individual under the age of eighteen years whose parents or guardian have not surrendered the right to the care, custody and earnings of such individual, and are under a duty to support or maintain such individual.

2. An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees.

3. The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year.

4. Notwithstanding the provisions of subsections 2 and 3 of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees.

5. A conviction under section 570.030 or 570.040 shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.

6. No owner or agent or employee of the owner may attempt to gain an advantage in a civil action by threatening to initiate a criminal prosecution pertaining to the same incident.

BTW - there is a special forum on this site for debating the issues. Good luck to you.

[souperdave]

So what is the civil law justice system for?

Other stuff!

[PandorasBox]

Another part of the Civil Demand is this:

- See all those pretty cameras in the ceiling and on the roof? ...and that nice surveillance system in a room....? The stores pay for them, and eventually pass the cost along to the SHOPLIFTERS they catch.

- It took atleast 2 store security people to take your kid into that room, time to write up the paperwork....they also had to call in a store manager (from doing his/her job) to witness everything.....

It takes time and money to apprehend shoplifters.

Your concern is money. Your concern should be making sure your kid understands that shoplifting is THEFT.

As your child is a minor, it is up to you know what they are doing, who with, why, etc. Your kid is a minor....you are responsible. Period. Ever see the sign in Wal-Mart that shoplifting can cost you $2000+......they really are not kidding.

Time to be a parent. Your kid is facing a criminal charge. You get the Civil Demand and Criminal Fines part of it.

Be mad at the kid....not the system.