[lesouteneur]

Im 16, i tried to steal a $40 shirt at Macy's in Chicago. I got caught, this was my first offense of ANYTHING. The item was recovered by Macy's. I got arrested and now I have to go to peer jury. I was told by the cops that my record would be cleared when 17.

Then I got a letter from a law firm saying I had to pay a $500 fine for Macy's. I asked a freind of mine (his mom is a judge) said i would only have to pay if they took me to court but that theyre never going to sue me over a $40 shirt. Would this be true? Should I just ignore this letter?

PS I dont want my parents paying for a mistake that I did.

The advice you got was very poor. Civil Demand (thats what the $500.00 fine is) is a Civil issue that is allowed and is state law. If you fail to pay (or your parents in this case since your a minor) the fine will rise (maybe triple) if you still fail to pay (or again your parents) then they can sue you (your parents) in Civil court and win!! Remember they have state law on their side. This could mean liens and/or wage garnishments to your parents. They cannot lose its a no lose situation for them. When they sue in court they will request and likely be granted you (your parents) pay court costs and legal fees! These Civil recovery services (hired by retailers) do not get paid unless Civil Demand is collected so why would not not press the issue!? Not to mention even if they chose not to sue for $40.00 ($500.00 really) it will go on your parents credit report making buying a home, car or other things more difficult. For what its worth pay the fine!

[lesouteneur]

They took back the shirt though.

That isnt what Civil Demand is about. Civil Demand pays for the time, trouble, paperwork, payroll, equitment, time merchandise was off floor and not for sale etc it cost to stop shoplifters. If it were just about the shirt then there would be no need. It state law like I said

[lesouteneur]

Ill see a lawyer then because I seen a lot of conflicting information...

From Illinois statute

Sec. 16A-7. Civil Liability.

(a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b) or (c) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:



(i) actual damages equal to the full retail value of the merchandise as defined herein; plus
(ii) an amount not less than $100 nor more than $1,000; plus
(iii) attorney's fees and court costs.

[Security Consultant]

Here's the entire Illinois statute regarding Civil Liability:

Sec. 16A-7. Civil Liability.

(a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b) or (c) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:



(i) actual damages equal to the full retail value of the merchandise as defined herein; plus
(ii) an amount not less than $100 nor more than $1,000; plus
(iii) attorney's fees and court costs.



(b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the "Parental Responsibility Law", approved October 6, 1969, as now or hereafter amended.

(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.

(d) Judgments arising under this Section may be assigned.

Sec. 16A-8. If any Section, clause, sentence, paragraph or part of this Article is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the Section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Sec. 16A-9. Continuation of prior law. The provisions of this Article insofar as they are the same or substantially the same as those of Article 16 of this Code shall be construed as a continuation of such Article 16 and not as a new enactment.

As far as the retailer pursuing the matter: they probably will. When I was in charge of such programs for retailers I made sure staff followed through when shoplifters failed to pay, contact us or respond to letters. If the retailer does not follow through the courts view that as selective prosecution of the law and tend not to rule in their favor.

Sec. 16A-7. Civil Liability.

(a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b) or (c) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:



(i) actual damages equal to the full retail value of the merchandise as defined herein; plus
(ii) an amount not less than $100 nor more than $1,000; plus
(iii) attorney's fees and court costs.