Falsely Accused of Shoplifting in Florida

My question involves criminal law for the state of: FL

My boyfriend and I and two friends were shopping in a tourist shop in FL. He purchased a sundress for me paying $50 cash. We left the store and mall.

A day later my boyfriend recieved a phone call from the store asking him if he had paid for the item and he stated yes he had. We had the receipt and the bag and the tags still on the dress as I had not worn the item. The person told him "ok, thank you. It's been taken care of". Now, another month later my boyfriend was served some court papers alledging petit theft. The papers gave a case # but no court date, no other information other than this ridiculous store is charging him with stealing the dress.

My boyfriend thought that the issue was resolved with the phone call and never told me about it.
Unfortunately since I did not know about the phone call I threw out the bag and receipt.

Now what do we do? The store obviously must have a record of the sale as we did have a printed receipt. I am hoping they have a video because it will clearly show us paying. However we have no idea what is going on or how to fight this. I want to sue them for slander and libel. We don't have money to hire an expensive attorney however if we can sue the store for the attorney fees it would be possible.

Since I threw out the receipt I don't know what to do. How can they randomly decide we didn't pay for an item a month after we shopped there? We have no idea how they even got our information. We did use a bank card to make a purchase in the store next to them. I have that receipt which gives me a date and time that we were there. Could I force the accusing store to pull out their records to show our cash sale with the dress tag id #? I am sick over this and furious.

Thank you for your input.

I don't know what to do in this situation....but hold onto that other receipt from the place next door. If either of you had other transactions nearby at the time...ATM/Debit, Bank Card, Credit Card....put those aside into a file as well.

Write down anything you or he can remember...such as that phone call, as close to what was said as possible, name of person spoken with.

I'd say go to a Criminal Defense Lawyer with all that. You can get a free initial consult. Take the paperwork with you, and that other receipt. He might be able to tell you how to send a certified letter to the store asking them to bring their records for the day to court.

Thank you for your help. This is so frustrating.

Ask? By certified letter? No, I'm thinking the lawyer should subpoena the register tape.

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My boyfriend and I and two friends were shopping in a tourist shop in FL. He purchased a sundress for me paying $50 cash. We left the store and mall.

A day later my boyfriend recieved a phone call from the store asking him if he had paid for the item and he stated yes he had.

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Ok, you paid cash yet they somehow identified your BF and somehow obtained his phone number.

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Now, another month later my boyfriend was served some court papers alledging petit theft

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and apparently his address as well.

There is a real problem with the situation as described.

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We did use a bank card to make a purchase in the store next to them. I have that receipt which gives me a date and time that we were there.

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So, you retained a receipt from a purchase made approximately the same time and retained that receipt yet you discarded a receipt from a purchase that was obviously questioned by the merchant.

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I want to sue them for slander and libel.

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when/if they slander or libel you, you can consider that. Until then, it would be a costly action (for you) with no chance of winning.

I suggest your BF contact the courts to find out what, if any, action he is expected to take in response. Nothing more fun that getting arrested on a warrant you didn't know about while on your way out to dinner with friends or parents.

I think they got his information from the shop next store since we used the card there.

I had the receipts from both purchases in the bags with the clothing items. My boyfriend received the phone call and pulled out the receipt. According to the person he spoke with they were satisfied with his answers and idicated to him there was no problem. I did not know about the phone call or realize that he had moved or pulled out the receipt. I threw them away when I was cleaning not realizing that there was a problem. He did not know I threw them out. The other purchase was still where I had left it in it's bag so yes, I still have the receipt for that one. Again - I did not know there was any questioning of the purchase or I would have kept the receipt.

I do not understand how it is possible that a retailer can come after someone a month after a transaction. If they didn't retain their records or have a video tape it is just their word against ours. So that means they can pretty much select any shopper and just file a lawsuit and waste everyone's time and money? We are guilty until we can prove we are innocent? Nice....

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I do not understand how it is possible that a retailer can come after someone a month after a transaction. If they didn't retain their records or have a video tape it is just their word against ours. So that means they can pretty much select any shopper and just file a lawsuit and waste everyone's time and money? We are guilty until we can prove we are innocent? Nice

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If there is something from the court concerning petit theft, it isn't the merchant coming after you. It is the state and they generally have about a year when concerning misdemeanors to "come after you".

and if there is no evidence to prove theft, then your boyfriend should walk. The state has to prove their case. He doesn't have to prove his innocence. The lack of a receipt is not enough to convict him. If there were charges filed, there is some evidence, enough evidence, for the state to be convinced there was a crime committed. So, there is either an eye witness or there is video or something. Actions such as you suggest would never be enough to indict a person let alone convict them.

The only people there were our group and the crazy old lady behind the counter. If they have a video I will be very happy because it will show us paying.

The receipt was computerized so it has to show our transaction. We had it so it is in their computer system somewhere.

We are not in any position to pay a lawyer for this non-sense over a $50 dress that was probably made in Tiiwan for 30 cents that some senile old bat at the counter decided she couldn't remember us paying for 24 hours after we left the store. And I can't believe out of the two items we bought that that stupid receipt was the one that got thrown out.

The actions I suggest are exactly what happened which is why I am absolutely astounded and disgusted that this could possibly ever be prosecuted.

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Quoting todayten

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We are not in any position to pay a lawyer for this non-sense over a $50 dress that was probably made in Tiiwan for 30 cents that some senile old bat at the counter decided she couldn't remember us paying for 24 hours after we left the store. And I can't believe out of the two items we bought that that stupid receipt was the one that got thrown out.

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If that is all there is then he doesn't have anything to worry about.

the other thing that is strangely coincidental is the one garment you used your bank card for you have the receipt and the one garment you purchased with cash, you don't.



as to getting info from the merchant next door; just how do you suspect they got your address and phone number? Banks don't just give out private information willy nilly. If I had your account number, I doubt there is a bank around that would provide me with your name address and phone number simply by calling up and asking for it. Not in todays world.

Without the card in hand, it is likely they wouldn't even know what bank it was from.

"I had the receipts from both purchases in the bags with the clothing items. My boyfriend received the phone call and pulled out the receipt. According to the person he spoke with they were satisfied with his answers and idicated to him there was no problem. I did not know about the phone call or realize that he had moved or pulled out the receipt. I threw them away when I was cleaning not realizing that there was a problem. He did not know I threw them out. The other purchase was still where I had left it in it's bag so yes, I still have the receipt for that one. Again - I did not know there was any questioning of the purchase or I would have kept the receipt."


I haven't the slightest idea where they got his information from. I am guessing it had to be from the other purchase. It's not like we filled out job applications or gave her a copy of a license for a $50 cash transaction. I am bewildered by the whole situation.

And yes, it completely sucks that the receipt is gone now because we did have it. It is total crappy luck that it was moved from where I had it and did not know what was going on when I cleaned and threw it out with other papers.

I would very much like to know how they got our personal information also.

The only good thing is that that purchase has to be in their computer system because we did receive a printed receipt. It wasn't an adding machine tape, it was a computerized system receipt. So they have the records for the purchase.