Son Accused of Shoplifting at Sears

My question involves criminal law for the state of: Georgia. I received a letter from a law firm today stating that they represented Sears concerning a civil claim against my 17 year old son for damaging arising out of out of his alleged theft of property owned by Sears. This happened on 8/12/10 and it is now 10/18/10. This is a Second Settlement Offer. I never received a First Settlement Offer, nor did I have any knowledge of this incident. Aren't parents of minors supposed to be notified of shoplifting incidents? The police were not called in and he was not arrested? Is this a standard procedure? I have never had to deal with anything like this before.

The store is under no obligation to notify anybody. Your son most likely has the first settlement offer (as well as a trespass statement telling him to stay out of Sears stores).

So the store doesn't have to notify a parent if they are a minor? He said they told him he wasn't a minor, so I'm wondering if him signing something is even legal, because he is a minor in the State of Georgia? I don't want him to get out of this without any punishment, but I don't want to be punished in the process either. The letter is addressed to the parent/guardian of ___, so obviously they know he's a minor.

They don't have to notify anybody. If he signed something as a contract it might not be considered valid, but that doesn't preclude them from trying to come after you for the damages caused by the delinquent activities of your spawn.

Your choices are to pay the civil demand or roll the dice as to whether they will instigate an action in court. Your choice. The costs will go up if they do.
Nothing precludes them from filing a criminal complaint as well.

For purposes of criminal prosecution in GA, 17 is an adult. For that reason, many retailers won't notify the parents unless it is necessary due to police involvement or transportation. Where I worked, as long as it was sunny and nice out and we didn't call the police, we turned juveniles loose without notifying parents. If it was dark or inclement weather, sorry junior gotta call mommy.

For purposes of civil liability (the civil demand), you still have to be 18 so that is why things are sent to you "The Parent/Guardian of ...." I agree with flyingron that your son probably intercepted the first civil demand, especially if this is the first you've heard of the incident.

I agree he probably intercepted the first one, but I don't like being on the hook for the delinquent activities of his father's "spawn".

Quote:

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Quoting bjbarron

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I agree he probably intercepted the first one, but I don't like being on the hook for the delinquent activities of his father's "spawn".

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Oh, so this isn't your child as well? You made it sounds like it is. If not, tell the store to take a hike.

No, he's my son. I would just like to think the deceptive side is spawned from his father.

Thanks for all your help.

Time to have a talk with your son.

At 17, he was issued the papers telling him what to expect. No police - he was given one heck of a break. Civil Demand instead of that AND Criminal Charges.

Regarding the Civil Demand....pay it. The 3rd letter has a 99.9% chance of increasing in amount again. Then the lawyers representing the store sue you in Civil Court....and can also add in legal fees. And can also have a negative mark on your credit rating.

As others have said....your son probably watched the mail and intercepted the first Civil Demand letter. When you read these forums, many teens are like "Well, I'll just check the mail every day.....". I always tell them - your parents are going to find out...best talk to them now.

Also, he likely signed a paper where he cannot enter Sears/Kmart (any location) for a long time.

Myself: I'd recommend you make him do a LOT of housework or get a job to pay you back his Civil Demand fee. So he knows what that amount of money means. And whatever other punishment you deem fit. He's lucky he is not 18 - it could then show up in a National Retail Theft Database and ruin any chance of even a McJob or retail job; and limit his college options.