Teen Shoplifting

My daughter was caught Shoplifting at Nordstrom in Ohio, merchandise worth $250.00. They did not call police and remanded her to me. She is remorseful. She/we got a letter saying that as an "alternate to civil legal action, we are willing to settle this matter...for $750.00." They included Ohio Revised Code for reference. ORC says (A)(b) (ii) that they are able to collect 3 times the amount in LIQUIDATED damages. The legal definition of 'liquidated' damages does not match this offense. Seems to me that she should be charged (A)(a)(iii) "$150., if the value of the property was more than $100. at the time it was...the subject of a theft offense." Question: Is she liable for "liquidated" damages, or the lesser amount of $150? She will be the one paying this, not me, her mother, and she only works part time and is in high school. Thank you.

The statute gives the owner the option of either section:

Quote:

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2307.61 Civil action for willful damage or theft.

(A) If a property owner brings a civil action pursuant to division (A) of section 2307.60 of the Revised Code to recover damages from any person who willfully damages the owner’s property or who commits a theft offense, as defined in section 2913.01 of the Revised Code, involving the owner’s property, the property owner may recover as follows:

(1) In the civil action, the property owner may elect to recover moneys as described in division (A)(1)(a) or (b) of this section:

(a) Compensatory damages that may include, but are not limited to, the value of the property and liquidated damages in whichever of the following amounts applies:

(i) Fifty dollars, if the value of the property was fifty dollars or less at the time it was willfully damaged or was the subject of a theft offense;

(ii) One hundred dollars, if the value of the property was more than fifty dollars, but not more than one hundred dollars, at the time it was willfully damaged or was the subject of a theft offense;

(iii) One hundred fifty dollars, if the value of the property was more than one hundred dollars at the time it was willfully damaged or was the subject of a theft offense.

(b) Liquidated damages in whichever of the following amounts is greater:

(i) Two hundred dollars;

(ii) Three times the value of the property at the time it was willfully damaged or was the subject of a theft offense, irrespective of whether the property is recovered by way of replevin or otherwise, is destroyed or otherwise damaged, is modified or otherwise altered, or is resalable at its full market price. This division does not apply to a check, negotiable order of withdrawal, share draft, or other negotiable instrument that was returned or dishonored for insufficient funds by a financial institution if the check, negotiable order of withdrawal, share draft, or other negotiable instrument was presented by an individual borrower to a check-cashing business licensed pursuant to sections 1315.35 to 1315.44 of the Revised Code for a check-cashing loan transaction......

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Thank you, but I already knew all that. My question was, does the definition of 'liquidated damages' fit here? That definition, as I researched it, pertains to non action on a contract. Thank you for the response, though.

The action is legal and if you fail to pay the sum will likely rise (maybe triple) if you still fail to pay you (not your minor child) can be sued in court which will bring up price yet again and leave you holding th bag for court costs and legal fees more than likely. The law is on retailers side its a cant lose for for them. It is in your best interest to pay the monies if you cannot afford entire amount make a payment arrangment with them just be sure to stick to it. Being even one day late can cause fee to rise.