Switched Price Tag

What does the Law says for CD money? Is there a percentage allowed and if so how much is it?...

I wonder how they decide how much they will charge the plaintiff..is it different in all states or is there a guideline that needs to be followed?

Thanks,

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Quoting WhoMeMu

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What does the Law says for CD money? Is there a percentage allowed and if so how much is it?...

I wonder how they decide how much they will charge the plaintiff..is it different in all states or is there a guideline that needs to be followed?

Thanks,

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Every state law is different. Many, as you saw in Florida, cannot charge less than the minimum. Others can charge any amount they want - up to and including the maximum set by law.

As far as what an outside company charges for civil recovery services - I have seen anywhere from 20 to 40%. I have never used an outside service. They were never able to show they could collect more than I did in-house.

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Quoting Security Consultant

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Here's the accurate information:

Section 772.11, Florida Statutes, retailers are granted a civil cause of action against shoplifters, often called Civil Restitution. Civil Restitution is a legal process that allows retailers to file a claim against the shoplifter for civil damages and collect minimum damages of $200 or three times the price of the stolen merchandise, whichever is greater, instead of filing a civil suit. However, certain procedures must be followed.

Hope this helps.:)

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Thanks Security Consultant...

What are the certain procedures that must be followed?

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Quoting WhoMeMu

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Thanks Security Consultant...

What are the certain procedures that must be followed?

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All states dictate just how and/or when the letter is sent. Some require that the person be served at the time of the shoplift apprehension - others don't. Some require a time frame to be met - others don't. Every state is different..

As to being told that you would not receive a civil demand - I never left that decision to the individual stores. The courts object to inconsistancy.

More from the Florida law:

Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand.

Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.

Ok--I guess time will tell. I'll be sure to go to the Post Office and make another change of address just to be on the safe side.

I live in another state and am here for a few months only.

So basically in Florida the amount allow for CD is a minimum of 200$ or three times the amount lost..which would be 39$ so I guess they'll go for the 200$. Did I read section 772.11 correctly?



How much does the claim filling cost the retailer if any?

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Quoting WhoMeMu

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Ok--I guess time will tell. I'll be sure to go to the Post Office and make another change of address just to be on the safe side.

I live in another state and am here for a few months only.

So basically in Florida the amount allow for CD is a minimum of 200$ or three times the amount lost..which would be 39$ so I guess they'll go for the 200$. Did I read section 772.11 correctly?



How much does the claim filling cost the retailer if any?

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as Aaron already said - 'The cost of the paper, envelope, ink, and a stamp'.

Read closer - the minimum they can charge you is $200.

The statute:

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Quoting Florida Statutes, Sec. 772.11 - Civil remedy for theft or exploitation.

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(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney's fees or costs provided under any other law.

(2) For purposes of a cause of action arising under this section, the term "property" does not include the rights of a patient or a resident or a claim for a violation of such rights.

(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.

(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person.

(5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.

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Quoting WhoMeMu

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Security Consultant: I understand what you are saying about the court objecting to inconsistancy, but I was not arrested so this should not go to court..Unless I don't pay the CD if one is processed..Correct?

Also would it be to personal to ask all of you who responded to any of my questions what are you qualifications in the field?

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I would think the link to his website (see his signature line) should give you that info

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Quoting WhoMeMu

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Security Consultant: I understand what you are saying about the court objecting to inconsistancy, but I was not arrested so this should not go to court..Unless I don't pay the CD if one is processed..Correct?

Also would it be to personal to ask all of you who responded to any of my questions what are you qualifications in the field?

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This has already been addressed - If you receive civil restitution papers and do not pay them the matter will go to a civil court. A criminal charge and a civil charge have nothing to do with each. You do not need to be charged with a shoplifting - theft charge.

The lesson has ended -you are asking the same questions. I leave you with this - "Our inner voice, developed early in life, is the minds loud speaker - our moral and ethical subconscious. The inner voice is always right, it’s when we try to justify and rationalize that we make poor ethical decisions". Quote from me. Good luck, make the right decision.