Being Sued by Wal-Mart for Theft

[John_Francis]

My question involves criminal law for the state of: Texas

Recently my girlfriend foolishly stole make up from wal-mart. Please I am already extremely angry by this and yes I know how stupid she is, so no need to tell me what I already know . She recently received a letter in the mail form wal-marts attorneys stating that they are going to pursue a civil case on top of the legal case she has pending. They, pretty much in thug terms, said pay us $200 or we will sue you for theft, attorney fees, and court cost. She is freaking out and I do not know what to do. Let me explain what happened.

She went to wal-mart. Put some makeup in her purse. Before she was even going to go check out she was grabbed by security, and her purse was taken from her. She was led to the back and put in a room. She waited for 3 hours until the police finally arrived just to harass her, stating that he wanted to "strip search her just to make sure", then proceeded to high five the "wal-mart goon". She was ticketed for theft and went to court today, where she foolishly tried to plead guilty and asked for deferred judification. They said they would grant her deferred if she paid $400 to the courts. She did not have that kind of money, and thankfully the judge did not take the guilty plea and scheduled her to return to court in one month. She has received a letter from wal-marts attorneys stating that they are suing her for theft AND damages.

Yes she is stupid. Yes she attempted to steal but did not steal. She did not damage any product that she attempted to steal. IS wal-mart actually going to sue her? Can they legally sue her even if she did not leave with the item or damage it in any way? Has anyone heard of this happening before? What is the best way to handle this situation? Hiring a lawyer is out of the question she does not have enough money, and I believe she is not entitled to a free public defender for a class C misdemeanor. Any advice would be helpful, thank you.

[PandorasBox]

She can get a consultation with a Criminal Defense Lawyer. Many offer free 30-minute consultations.

Public Defenders are not always free, for example my area charges $210.

Yes, they can sue for not paying the Civil Demand, and include attorney fees, court costs, etc.

[divine_design_21]

I, stupidly, took a few DVD's from Wal-Mart on Saturday and got busted. The security were extremely rude and I was extremely rude back at them.

I realize I'm wrong but don't treat me like a piece of shit. They tried asking me questions they had no business asking. I'm sorry but these people make $10 an hour busting people and they have an attitude like they are superior when I bet these people, like the judges, lawyers and police in this country, go home and do illegal stuff behind closed doors. They just don't get caught.

Still, not saying I was right...of course what I did was wrong. I just hate Wal-Mart. Period.

Anyway, if they sue me I'm not giving them a dime. I don't own anything and they can sue me all day long. They won't get anything from me. I don't have a job or own a vehicle. I'm on food stamps.

Wal-Mart can kiss my ass.

[divemedic]

I don't own anything and they can sue me all day long. They won't get anything from me. I don't have a job or own a vehicle. I'm on food stamps.

You do know that once they get a judgment in your home state of Florida, it is good for 10 years, right? Eventually, you will get a job, and then they can take your money. With renewal, that judgment can be active for 20 years. Are you still planning on being broke 20 years from now?

what about your trust fund? Your magazine job?

[cyjeff]

Shoplifters cost retailers in the neighborhood of $15 billion dollars a year.

Costs that are passed along to the rest of us in higher prices, worsened customer service and worsened product selection and access.

Theft isn't a victimless crime. And yes, LP has heard every excuse under the sun.

You are also forgetting something. If a judge orders you to pay restitution as part of a criminal sentence, refusal to pay that judgment puts you in criminal violation of your probation.

[divine_design_21]

Reading this sort of crap, I can see why you shoplift.

Really? Care to dazzle me with a psychological profile?

[PandorasBox]

And I would ask a lawyer what may happen if you don't pay the civil demand.

Aphex Twin says nothing will happen.

Myself and other will tell you: Yes, the store can sue your ass. So your civil demand would be $200 or so.....but ignoring it would increase it to include the stores costs of taking you to court (court costs, legal fees). And could also have an impact on your credit rating.

I won't tell you what to do.It's up to you to decide if you feel lucky.

[irishgreg83]

The loss prevention employee at wal mart is not a goon he is a normal person trying to do his job.

The civil demand is to cover the costs of theft to the retailor, that includes the product, the "goons" wage, cameras ect...

Your girlfriend did steal just because she didn't make it home with the product doesn't change the act.

Pay the demand and learn a life lesson.

[cyjeff]

Chances are "goon" was the correct word to describe him--Wal-Mart loss prevention is notorious for being rough and unprofessional.

Generalities help nothing.

I cannot comment on the local statutes, but most jurisdictions have built civil demands and limits into the statutes.

Retail theft costs retailers billions a year. They take it's prevention and prosecution seriously.

[divemedic]

Actually, Wal Mart DOES sue for this all the time. I am not sure about the TX statute, but the Florida statute reads like this:

772.11 Civil remedy for theft or exploitation.--

(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand.

You don't have to make it out of the store to be guilty of shoplifting. Hiding the merchandise is enough.