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Issuance of a Civil Demand After Shoplifting

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  • 09-14-2016, 01:35 PM
    lp6015
    Issuance of a Civil Demand After Shoplifting
    My question involves criminal law for the state of: New York
    Hello, I am a 17 y/o female student residing in the state of New York. On September 12th, 2016 I was caught shoplifting at my community's local Lord and Taylor outlet. I walked out of the store with the stolen merchandise, which lead to the result of the head of security following me to my friend's car and asking the following, "M'am can you please step out of your car, I need to talk to you about the merchandise in your bag." Frightened, and taken off guard, with no recollection of my rights, I replied with a timid "okay" and proceeded to follow him back into the Lord and Taylor store. As we were walking to the security office, he called over a regular employee (I'm assuming to be act as a witness). I was deeply ashamed of my behavior, predictably, it was completely out of character. After entering the office, the head of security then proceeded to remove the items out of my bag while the employee "tallied up" the prices off the stolen merchandise. It came out to 385$, it wasn't much but each item I'd taken had quite the hefty price tag. He debated calling the police, and ultimately tricked me into believing he was going to but then told me he wasn't calling the police, and that he had hoped I had learned my lesson. Which led me to believe there would be no court date or no criminal charges pressed against me. I have a clean record. However, he then stated that he couldn't uplift my "permanent" ban from all Lord and Taylor stores, he took down my name, address, ssn#. I signed papers admitted my guilt, trespassing forms to make sure I never entered the store again, and the civil demand form. He told me I'd be receiving a civil demand of 500$ in the mail within a couple weeks. Now, I have a couple of questions. Can Lord and Taylor still press charges against me? Will it go on my perm. record if they decide to do so? I've also read multiple forums of attorneys/lawyers telling people not to pay their Civil Demands, that they are a form of extortion. My question is, although I have no problem paying the 500$, I want to know if I should do so? I plan on having a successful future, and I would like to avoid having anything on my record, so if not paying the Civil demand is a risk, I'd like to not take it. I just want a professional's opinion. Also, I haven't alerted my parent's on this matter so there is no possible way for me to get a lawyer. I wouldn't be able to afford one by myself either, and I would just like to pay the 500$ if that is the smartest thing to do to make it just go away. I can't stop feeling bad about this. I just want it to go away but if I could save myself 500$ from being scammed, that would be great.
  • 09-14-2016, 02:22 PM
    flyingron
    Re: Shoplifting Lord and Taylor Long Island, New York, Civil Demand
    The civil demand isn't a "scam." You rightfully owe it for your criminal activity. There's a strong difference of opinion here as to whether you should pay it. You're gambling whether they will take up the threat to take you to court to collect it if you don't pay. Many of us believe that's unlikely to happen, but other posters here disagree. Note that if you don't pay it and they catch on that you are under 17, they're likely to contact your parents anyhow lookign for the money. They are liable for your juvenile deliquency as well.
  • 09-14-2016, 02:55 PM
    Mr. Knowitall
    Re: Issuance of a Civil Demand After Shoplifting
    Quote:

    Quoting lp6015
    View Post
    Can Lord and Taylor still press charges against me? Will it go on my perm. record if they decide to do so?

    When you choose to commit a crime, you can be prosecuted for that crime. Criminal charges and convictions go onto your criminal record.
    Quote:

    Quoting lp6015
    My question is, although I have no problem paying the 500$, I want to know if I should do so?

    Pursuant to New York General Obligations Law, Sec. 11-105, "Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment."

    You don't even want to tell your parents that you got caught stealing. How much will your parents like it if they find out about your shoplifting when the store pursues them for the money, or if it ends up on their credit reports?
  • 09-14-2016, 03:53 PM
    lp6015
    Re: Issuance of a Civil Demand After Shoplifting
    Actually that is where you are wrong, because the Head of Security there informed me that I didn't have to let my parents know about the civil demand. If I had the money, I could pay out of pocket because 17 is technically considered an adult in Lord and Taylor's eyes.

    As I will remind you, no police were called and no charges were pressed. I'm just asking what's the chance of criminal charges being pressed against me after I pay the Civil demand.

    Technically, my parents are not. I was informed that I was an adult in Lord and Taylor's eyes and that I could pay out of pocket if I wanted to the 500$ and they would never have to know about it. Thank you for your reply, I will be sending in the money for the civil demand. I'd rather not risk it. As for my "juvenile delinquency," please remember everyone makes mistakes and I'm just on this site looking for professional help, not judgment.

    Mr. Knowitall, what does not paying a Civil Demand have to do anything with my parent's credit report. Are you trying to scare me?http://blogs.findlaw.com/blotter/2015/08/does-shoplifting-affect-my-credit.html
  • 09-14-2016, 07:55 PM
    flyingron
    Re: Issuance of a Civil Demand After Shoplifting
    Well you know all the answers at 17. Good. We can't help you furhter. Good luck in your sociopathic endeavors.
  • 09-15-2016, 10:20 AM
    lp6015
    Re: Issuance of a Civil Demand After Shoplifting
    Sociopathic? As if I didn't state multiple times that I felt bad for what I did. I didn't express how horrified I was in detail because I came onto this site in search of legal advice, not a therapist. However, since grown men are so persistent on being "snarky" towards a younger female for a common mistake she clearly knows* she's at fault for, then I must've chosen the wrong site to ask this question on. Have a good day.
    P.S. His username is Mr. Knowitall, so that is how I addressed him. No shade intended.
  • 09-15-2016, 10:45 AM
    Mr. Knowitall
    Re: Issuance of a Civil Demand After Shoplifting
    Quote:

    Quoting lp6015
    View Post
    Actually that is where you are wrong, because the Head of Security there informed me that I didn't have to let my parents know about the civil demand.

    I quoted the statute -- the law that allows merchants to bill your parents due to your act of theft. If you're too dense to understand that the store can do exactly what the law allows, I can't say that I'm surprised that you're also too dense to realize that you shouldn't steal in the first place.

    It's great that you found somebody who is almost as dense as you, who posted something on FindLaw that wrongly suggests that a civil demand can't go onto your credit if the victim of your act of theft doesn't have a judgment. But he's dead wrong. A civil demand is a valid debt, and standard credit reporting laws such as the FDCPA do not apply to it as it's not a consumer debt. The store, the victim of your crime, is free to report your debt -- and, under the law, it's also your parents' debt -- to credit reporting agencies.
  • 09-15-2016, 03:05 PM
    Shadowbunny
    Re: Issuance of a Civil Demand After Shoplifting
    Quote:

    Quoting lp6015
    View Post
    Sociopathic? As if I didn't state multiple times that I felt bad for what I did. I didn't express how horrified I was in detail because I came onto this site in search of legal advice, not a therapist. However, since grown men are so persistent on being "snarky" towards a younger female for a common mistake she clearly knows* she's at fault for, then I must've chosen the wrong site to ask this question on. Have a good day.
    P.S. His username is Mr. Knowitall, so that is how I addressed him. No shade intended.

    A "mistake" is wearing one navy blue shoe and one black. What you did was a deliberate, criminal act. Which makes you a criminal. And these grown men are doing you a favor by trying to disabuse your entitled self of your incorrect assumptions. So why don't you thank the nice volunteers who are giving you correct, legally sound advice and stop being a brat?
  • 09-16-2016, 10:46 AM
    usercory200
    Re: Issuance of a Civil Demand After Shoplifting
    But...in my honest opinion, you may still want to inform your parents of this. Regardless of whether they press charges, you'll be entered into the National Retail Theft Database. That's why they had you go ahead and give your social security number and all your info, and why they made you sign an admission of guilt. When they have you do that, it gives them permission to label you as a shoplifter/thief. Your odds of getting a retail job will be very, very, very low, and it may even impact other job/education possibilities if they too use those types of databases for employment or background checks. If for some reason they do decide to pursue it in court, then because you're a minor, your parents will have to be involved.It doesn't matter if the store considers you an adult at 17, it's not up to them when it goes to court, it's up to the law, and under the law, you ARE a child. That's what the people above are trying to explain.
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