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Shoplifting At Boscovs in New Jersey

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  • 12-25-2007, 09:00 PM
    cantbelieveit
    Shoplifting At Boscovs in New Jersey
    I live in the state of New Jersey and about 2 weeks ago attempted to shoplift from Boscovs. I have no background and have never attempting to steal anything before. I tried to take 2 pairs of winter gloves, which had a retail value of $3.99 each. I think this is quite obviously the worst mistake I've ever made, risking my future on $8...

    I had walked around the store for a little bit, holding the gloves and then grabbed a few shirts so that I could go to the dressing room and pretend to try them on. I peeled the bar code off each of the gloves and put them in my purse, put the shirts back and left the store. About 15 feet outside the store a woman approached me, showed me an ID and told me she was from Boscovs loss prevention. She asked me if I had gloves and told me to walk back in the store. At this point, I started having a panic attack because I've never gotten in trouble before. We went upstairs to their office and met a guy also working in LP. They questioned me and searched my bags, then asked why I took the gloves. I explained to them that I'm unemployed and trying to put myself through college and that I had no money to buy Christmas presents. I figured that the least I could get was cheap gloves for my two close friends. Unlike a lot of the shoplifting stories I've been reading, I really didn't have spare cash to pay for the gloves which freaked me out even more.

    The guy then asked for my license, which he made a photo copy of and read me a letter. They told me that they weren't calling the cops and that I'd be signed out, but I'd be receiving a civil fine in the mail. Sometimes though, my mom opens my mail and I'm extremely nervous that she'll open it.

    So, I have a few questions. First, I was wondering just how much the fine will be for?? Does this vary by state (I'm from New Jersey)? Like I mentioned, the total worth of the gloves was $7.98. They also told me that I would get the letter "in a few weeks," so I was wondering if I could go to the post office and ask that they hold my mail and let me check it there instead?? I just can't have my mother open that letter, I don't want her to hate me.

    My last question is, how long do you have to pay the fine? I got about $100 for Christmas and I'm still unemployed. I'm scared that I won't be able to pay the fine and they'll take me to court.

    Any advice at all is appreciated, especially specific details on New Jersey's laws for civil demand. Thank You.
  • 12-25-2007, 09:18 PM
    Happy Trails
    Re: Shoplifting At Boscovs NJ
    Hello, first I'd like to say you were lucky. (Since they decided not to involve the police, you will not have fines or possible other penalties, and it won't end up giving you a criminal record.)

    From the New Jersey statutes:

    Quote:

    2A:61C-1. .2A:61C-1 Shoplifting, retail thefts, civil action; provided
    1. a. A person who commits the offense of shoplifting as defined in N.J.S.2C:20-11 or a person who commits the offense of theft as defined in Chapter 20 of Title 2C of the New Jersey Statutes by stealing food or drink from an eating establishment shall be liable for any criminal penalties imposed by law and shall be liable to the merchant in a civil action in an amount equal to the following:

    (1) The value of the merchandise as damages, not to exceed $500.00, if the merchandise cannot be restored to the merchant in its original condition;

    (2) Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and

    (3) A civil penalty payable to the merchant in an amount of up to $150.


    b. A parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting or the offense of theft of food or drink from an eating establishment shall be liable to the merchant for the damages specified in subsection a. of this section. This subsection shall not apply to a parent whose parental custody and control of such minor has been removed by court order, decree, judgment, military service, or marriage of such infant, or to a foster parent of such minor.

    c. If a merchant institutes a civil action pursuant to the provisions of this section, the prevailing party in that action shall be entitled to an award of reasonable attorney's fees and reasonable court costs.

    d. Limitations on civil action:

    (1) Before a civil action may be commenced, the merchant shall send a notice to the defendant's last known address giving the defendant 20 days to respond. It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft.

    (2) No civil action under this act may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a sum of up to $150.00.

    (3) The provisions of this act do not apply in any case where the value of the merchandise exceeds $500.00.

    e. If the person to whom a written demand is made complies with such demand within 20 days following the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.

    You ask about paying the fine.... I can't give you any specifics on what they will accept, but it is possible that they will accept payments. So talking with them and working out something isn't impossible.
  • 12-25-2007, 09:28 PM
    Happy Trails
    Re: Shoplifting At Boscovs NJ
    I also see you are worried about your mother intercepting the letter.

    Is it possible you can get a PO box of your own and then you can request an address change? (Then your mail will be forwarded to that box eliminating the chance of your mother opening that letter.)

    I would suggest you do that.
  • 12-25-2007, 09:30 PM
    cantbelieveit
    Re: Shoplifting At Boscovs NJ
    I'm not exactly sure if I read all of that correctly but I take this to mean that the fine will not be more than $150 since the total amount of the attempted theft was $8 (less than $500):

    (3) A civil penalty payable to the merchant in an amount of up to $150.

    Did I interpret that correctly or is it possible for the fine to be more than $150?

    Also, I don't quite understand the term "civil action." Like I said, I've never been in trouble before, my record is clean, and I was completely honest with the people in LP and gave them the gloves back when I was confronted. This is the part I don't understand:

    (1) Before a civil action may be commenced, the merchant shall send a notice to the defendant's last known address giving the defendant 20 days to respond. It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft.


    Does civil action mean they'll take me to court if I don't pay the fine within 20 days? I definitely plan on paying the fine as soon as I get the letter.

    Once I pay the fine though, can they still take me to court for it or is the case closed (and my record still clear) after I send them the money?
  • 12-25-2007, 09:35 PM
    cantbelieveit
    Re: Shoplifting At Boscovs NJ
    Also, I'm not a minor. I wasn't sure if I mentioned that, or if it was important to know that.


    The incident happened about 2 weeks ago, I'm scared I won't be able to change things with the post office in time. I plan on going there first thing tomorrow, but I think you have to pay if you want to get a PO Box. I'm not sure though..?? I just know how ashamed my mother would be of me because I'm a good student and I always try to set a good example for my little sister. I just feel like a horrible person, and I want to comply with anything Boscovs asks of me so that I can put this behind me and never ever consider breaking the law again.
  • 12-25-2007, 09:45 PM
    Happy Trails
    Re: Shoplifting At Boscovs NJ
    Quote:

    Quoting cantbelieveit
    View Post
    I'm not exactly sure if I read all of that correctly but I take this to mean that the fine will not be more than $150 since the total amount of the attempted theft was $8 (less than $500):

    (3) A civil penalty payable to the merchant in an amount of up to $150.

    Did I interpret that correctly or is it possible for the fine to be more than $150?

    Also, I don't quite understand the term "civil action." Like I said, I've never been in trouble before, my record is clean, and I was completely honest with the people in LP and gave them the gloves back when I was confronted. This is the part I don't understand:

    (1) Before a civil action may be commenced, the merchant shall send a notice to the defendant's last known address giving the defendant 20 days to respond. It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft.


    Does civil action mean they'll take me to court if I don't pay the fine within 20 days? I definitely plan on paying the fine as soon as I get the letter.

    Once I pay the fine though, can they still take me to court for it or is the case closed (and my record still clear) after I send them the money?

    It could be only $150 plus additional fees.

    Quote:

    Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and

    (3) A civil penalty payable to the merchant in an amount of up to $150.
    I can't be certain exactly what the charge may be, it may be less.

    You will have no criminal record, the store has decided to handle this civilly. That means the police are not involved and you will have NO criminal record of the event. The store most likely will request that you not enter their store or chain of stores, since they don't trust you. If you do and they catch you, you could be charged with trespassing. (So stay away from their stores.)

    A civil action (in this case) means that there is no criminal charges and that they are asking for an amount that the New Jersey statutes have allowed them to collect for the damages that you have caused them.

    If you don't pay it (and you may be able to set up a payment arrangement), they could sue you in small claims court and win a judgment against you.
  • 12-25-2007, 09:56 PM
    Happy Trails
    Re: Shoplifting At Boscovs NJ
    Quote:

    Quoting cantbelieveit
    View Post
    Also, I'm not a minor. I wasn't sure if I mentioned that, or if it was important to know that.


    The incident happened about 2 weeks ago, I'm scared I won't be able to change things with the post office in time. I plan on going there first thing tomorrow, but I think you have to pay if you want to get a PO Box. I'm not sure though..?? I just know how ashamed my mother would be of me because I'm a good student and I always try to set a good example for my little sister. I just feel like a horrible person, and I want to comply with anything Boscovs asks of me so that I can put this behind me and never ever consider breaking the law again.


    If you are going to the post office tomorrow you can inquire information about your question. In my state there is a fee to have a PO box (it is less than twenty dollars.) I do know (in my state) that the mail is then forwarded to the new box.
  • 12-25-2007, 10:09 PM
    cantbelieveit
    Re: Shoplifting At Boscovs NJ
    I was just browsing through the other posts in the forum and a few of them said that after they got the civil demand paid, they got a court summons (even though LP didn't contact the police). I don't understand this. If LP said that the police would not be involved, how can they possibly call them after the civil demand is paid??? Are they allowed to sort of change their minds like that: telling you the police won't be called and then calling them after the fact?
  • 12-25-2007, 10:37 PM
    cantbelieveit
    Re: Shoplifting At Boscovs NJ
    I've also read in some of the forums that the store has nothing to gain by pressing charges. Does anyone know the likelihood of charges being pressed after the Civil Demand is paid?

    Also, I read that it's possible to call Boscovs and get the number of their Civil Recovery Service so that I can call and pay the money ASAP and possibly avoid getting a letter. Is this true?
  • 12-25-2007, 11:10 PM
    cantbelieveit
    Re: Shoplifting At Boscovs NJ
    Oh, also the one woman at LP asked me what my major at college was and told me that it's very important to have a clean record in the field I'm going into (Psychology). She said I should be very grateful that she wasn't going to call the cops and ruin my future for $8. Keeping this in mind, does that suggest that the cops won't be called at a later time? I don't know if someone else at Boscovs Corporate office can decide to call the cops even though they were not called that day and I was "signed out" and told I would receive a civil fine in the mail.
  • 12-26-2007, 08:07 AM
    aaron
    Re: Shoplifting At Boscovs NJ
    It doesn't sound like they intend to prosecute.
  • 12-26-2007, 12:36 PM
    cantbelieveit
    Re: Shoplifting At Boscovs in New Jersey
    Thank you soo much to the both of you for answering my questions, you've helped to put my mind at ease. I went to the Post Office today and they'll be holding my mail for the next 30 days, by which time I should receive the Civil Demand and pay it promptly. Even if the letter doesn't come within the next 30 days, I will be back at my school by then and will have my mail forwarded there.

    From what I read in other posts, it seems that if the matter is settled civilly, there will be no criminal record unless they change their minds and decide to press charges?

    I will be continuing to check back on this thread and keep it updated on the civil demand. The incident occurred about 2 weeks ago, so I should be seeing the letter fairly soon I think. Thanks again.
  • 12-26-2007, 12:37 PM
    aaron
    Re: Shoplifting At Boscovs in New Jersey
    There is no criminal record if the police and courts are not involved.
  • 10-27-2009, 10:34 AM
    imgoingtodie
    Re: Shoplifting At Boscovs in New Jersey
    Last night i went through the same thing at boscovs except they had me and my friend arrested. We did something very stupid and we werent thinking i do admit but im going to get killed by my mom if she finds out. They gave me papers saying i had to report to court on november 19 but if they send anything in the mail mymomwill read it and find out and i can not have that. I tried taking 2 shirts and they said it was $66.00 how much of a fine would that be? I can not tell my mom that this happened because she has enough stress on her from family problems. I dont know what i am going to do or what i should do. I am 18 and my friend was 17. does anyone have advice on what i should do because im so scared! please help
  • 10-28-2009, 04:18 AM
    orris
    Re: Shoplifting At Boscovs NJ
    Quote:

    Quoting cantbelieveit
    View Post
    Oh, also the one woman at LP asked me what my major at college was and told me that it's very important to have a clean record in the field I'm going into (Psychology). She said I should be very grateful that she wasn't going to call the cops and ruin my future for $8. Keeping this in mind, does that suggest that the cops won't be called at a later time? I don't know if someone else at Boscovs Corporate office can decide to call the cops even though they were not called that day and I was "signed out" and told I would receive a civil fine in the mail.

    It is important, when you work around vulnerable people, to prove that you have good moral character and will not take advantage. I think it has to do with getting your license to practice, you must clear a background check and these background checks look at everything.
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