My question involves criminal law for the state of: DE
So I came home yesterday and received a letter in the mail from an attorney that works for Kohls in Dover, DE. The letter stated that on 1/22/13 I was detained at kohls for shoplifting and taken to the ack office by the LP officer
And store manager. Thing is I was never approached of detained by anyone for anything.
Let me start by saying that on 1/22/13 I did go to the kohls in Dover de with my 8 y/o daughter because she wanted to try on shoes and I had to exchange two pair of pants. So we entered the store with a target bag in hand which was placed in the cart. We walked over to the men's section first to see if they had the pants so I could do any even exchange. I grabbed a pair that was possibly the same and we walked to the shoe section. My 8 y/o tried on shoes, and I compared the pants from the shelf with a pair I brought in. They were not the same. So I put mine back in the bag and returned the other ones back to the shelf. My daughter and I then walked to the customer service desk to return the pants. The lady at the counter was very rude. She made a copy of my license due to not having a receipt. They were Christmas gifts, and she gave me a whole $11.10 merchandise credit on a card; which I still have. I threw the target bag in the trash, and my daughter and I left the store empty handed.
So I called the attorney cause it said to i wasn't the person involved. The guy was a jerk. He didn't even want to listen; however, told me that the store will review the video and decide and he will let them know what I said. He also told me the the LP report stated that I was approached by a store manager and security and taken to the back office. Thing is I never talked to anyone and no one ever approached me, yet i am going to be charged with a crime I never committed. I have tried to call the LP office but they won't return my call. I want to get a lawyer but I make $8 an hour. I also never received any criminal citation or paperwork charging me with anything. So what do I do? Do I have enough to sue them for defamation? On top of others. I am married to a cop but she does to know because the BS crime happened in DE and we live in MD. It sucks that I am getting charged with doing something just because I went shopping. I will never shop at a kohls again.
Any suggestions???
Civil Demand Received
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02-03-2013, 01:42 PMStacey09Civil Demand Received
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02-03-2013, 02:18 PMMr. KnowitallRe: Civil Demand ReceivedYour most obvious options are to pay the civil demand, continue to protest, or decline to pay and see if they sue you.Quote:
Quoting Stacey09
You have not described any act of defamation.Quote:
Quoting Stacey09
Next time you go into a store with merchandise to return, it would be sensible to go to the customer service counter first and do your shopping afterward.Quote:
Quoting Stacey09
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02-03-2013, 06:21 PMLindzRe: Civil Demand Received
I have shopped at kohls before and taken what I wanted to exchange with me to find the correct item and never had any problems before. Any reasonable person would not pay them anything, that's a sure ticket to a criminal record. And it can be defamation since it will effect your reputation ex..jobs and background checks....fight it
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02-03-2013, 06:58 PMPandorasBoxRe: Civil Demand Received
There is more to this story.
Anyway....don't pay the Civil Demand. Guess what happens? You get another for a higher amount. Repeat if still not paid.
Next...they haul you to Civil Court. They win a judgment against you. You still don't pay? Well....I hope you like having your credit rating destroyed...... -
02-03-2013, 07:07 PMDisagreeableRe: Civil Demand ReceivedAny reasonable person would check in with a cashier at the store entrance to show what they were bringing into the store. Otherwise, they might think you were attempting a false return.Quote:
Quoting Lindz
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02-03-2013, 08:56 PMMr. KnowitallRe: Civil Demand Received
They may or may not take it to court. Some stores do so pretty regularly; others do not.