Civil Demand Sent to Parent After Daughter Was Caught Shoplifting
My question involves juvenile law in the State of: Michigan
I found some clothes my daughter had that I didn't buy - she insisted she did not steal them (someone bought them for her) I took her and the items to the store to return them. I received a claim letter for $200 ? Now I feel stupid for making her return them. Do I have to pay this $200 - she is a minor. Baed on the law that the letter is quoting
8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.
I called the attorneys that sent the letter and informed them that I was the one that took her there but they told me it didn't matter. Should I just pay it and be done - currently unemployed so this is a lot of money for me.
Re: Daughter Caught Shoplifting
Did they file a police report as required? If not, they have no grounds to demand the money. But realize that just because they didn't at the time doesn't necessarily mean they can't once you point out their error. The $200 would be small potatoes compared to the cost of criminal prosecution.
Re: Daughter Caught Shoplifting
There was no police report filed. I took her to the store and they took her information and was told she was only allowed in the store with a parent. I called to see if I called to see if I could at least get the amont reduced and then I was told that the report they filed said she had been apprehended at the store, not that I had taken her there myself.
Re: Daughter Caught Shoplifting
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galadriel
There was no police report filed. I took her to the store and they took her information and was told she was only allowed in the store with a parent. I called to see if I called to see if I could at least get the amont reduced and then I was told that the report they filed said she had been apprehended at the store, not that I had taken her there myself.
Shady. Message me the retailer and I will get you in contact with a person high up in LP there. If anything it should be a conscious case and not an app. Sounds like LP made a stat.
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galadriel
There was no police report filed. I took her to the store and they took her information and was told she was only allowed in the store with a parent. I called to see if I called to see if I could at least get the amont reduced and then I was told that the report they filed said she had been apprehended at the store, not that I had taken her there myself.
Shady. Message me the retailer and I will get you in contact with a person high up in LP there. If anything it should be a conscious case and not an app. Sounds like LP made a stat.
Re: Daughter Caught Shoplifting
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free9man
Did they file a police report as required? If not, they have no grounds to demand the money. But realize that just because they didn't at the time doesn't necessarily mean they can't once you point out their error. The $200 would be small potatoes compared to the cost of criminal prosecution.
yep:
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(8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.
and I I did see this:
Quote:
(7) A merchant may recover damages in an amount allowable under this section in a civil action in a court of competent jurisdiction against the parent or parents of an unemancipated minor who lives with his or her parent or parents and who commits an act described in subsection (1).
Re: Daughter Caught Shoplifting
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bam!
Shady. Message me the retailer and I will get you in contact with a person high up in LP there. If anything it should be a conscious case and not an app. Sounds like LP made a stat.
Yup but par for the course. I have yet to work LP somewhere that this kind of stuff wasn't going on.
Re: Daughter Caught Shoplifting
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free9man
Yup but par for the course. I have yet to work LP somewhere that this kind of stuff wasn't going on.
FAR from "par for the course" IMHO! I've yet to work in that sorta LP environment. I'm not a gambler, BUT, I'd wager a week's pay that I can guess the store that pulled this one.
Claiming this sorta thing as an in-store apprehension is pretty much blatant dishonesty, and quite possibly criminal if there was an actual police report accomplished.
Re: Daughter Caught Shoplifting
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souperdave
FAR from "par for the course" IMHO! I've yet to work in that sorta LP environment. I'm not a gambler, BUT, I'd wager a week's pay that I can guess the store that pulled this one.
Claiming this sorta thing as an in-store apprehension is pretty much blatant dishonesty, and quite possibly criminal if there was an actual police report accomplished.
Everywhere I've worked the LP department has played fast and loose with the rules...all to get numbers. I could probably guess who it was too.
Re: Daughter Caught Shoplifting
I hope the OP gets back to me so we can resolve this. I bet anything that the red star may be involved and they violated their own rules and regs. If anything, they should have thanked the person and put the merchandise back on the floor. At the max, they could have entered a report stating exactly what happened for future record if the subject came back.
To the OP.... You're account is 100% accurate?
Re: Daughter Caught Shoplifting
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bam!
I bet anything that the red star may be involved and they violated their own rules and regs.
You read my mind. I know they'll do anything for a stat.