Twelve Year Old Caught Shoplifting With Friends

I am glad I found this site. I am in the same type of situation..
My 12 year old was shoplifting at RiteAid, along with 2 of his friends. The police were called, and my husband and I were both at work and could not answer our cels right then, so my son's friend's grandma picked them up. So, he was grounded for a month and had extra chores, and we thought that was that. We received the letter a couple of weeks ago, the Florida attorney (or collection agency, whatever) wants $314.99. The item they took is $12 and RiteAid got it back right away.
I don't know what to do because we are doing so poorly financialy, we are on the verge of qualifiying for food stamps, etc...
They did have my son sign a form, but he doesn't even know what it was. I do know for sure that my husband and I did not sign anything about it at all. We were totally shocked to get the letter. The letter was addressed to "Parents of (John Doe)"-- I was also surprised that the store can give this attorney/collection agency information about a minor - I thought all legal information about minors is confidential.
Also, I read an article that says this paticular agency actually prosecutes less than 1% of cases. The penal code they state in the collection letter says that the store can sue for damages, but what are the damages? And can I be sued if they don't know my name? We have not received any phone calls yet. BUT his friend's parents did not respond to the first letter and their demand has gone from $315 to $500 in a 2nd letter.
Help please -- I need advice!!!

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Quoting stressedmama

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We received the letter a couple of weeks ago, the Florida attorney (or collection agency, whatever) wants $314.99. The item they took is $12 and RiteAid got it back right away.

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The amount of the item and the return of that item aren't really that important to the amount you pay.

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They did have my son sign a form, but he doesn't even know what it was.

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Why didn't he read it?

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I do know for sure that my husband and I did not sign anything about it at all. We were totally shocked to get the letter. The letter was addressed to "Parents of (John Doe)"-- I was also surprised that the store can give this attorney/collection agency information about a minor - I thought all legal information about minors is confidential.

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Nope. If criminally convicted, his criminal record can be sealed, but this is a civil demand.

In addition, the retailer will share his information with other retailers. He is gonna have a heck of a time getting a retail job in a couple of years.

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Also, I read an article that says this paticular agency actually prosecutes less than 1% of cases.

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That's because the retailer makes the choice of settling for the civil demand.

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The penal code they state in the collection letter says that the store can sue for damages, but what are the damages?

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Apparently, $314.99. However, if you take this to court, they will also sue you for court costs and attorney's fees on top of the original amount. And they will, most likely, win.

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And can I be sued if they don't know my name?

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Because you are not being sued personally, but as the guardian of the thief. The law allows this.

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We have not received any phone calls yet. BUT his friend's parents did not respond to the first letter and their demand has gone from $315 to $500 in a 2nd letter.
Help please -- I need advice!!!

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Ignoring this is not a great idea. Call the retailer (there should be a number on the first letter) and ask to set up a payment plan. They will usually do this.

Make sure your son understands the burden and worry he is putting on the family. An abject lesson in remembering that his actions effect other people.

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Quoting cyjeff

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Why didn't he read it?

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He is 12, has never been in this situation before, was extremely upset and nervous, has ADHD.... You know, I think this is ridiculous... :(

If your worried about jail forget it the chances of that are very very low. He will have to deal with criminal record, fines, probation, community service and of course Civil Demand. As you were told make him accountable for his actions and hopefully learn his lesson

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Quoting stressedmama

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He is 12, has never been in this situation before, was extremely upset and nervous, has ADHD.... You know, I think this is ridiculous... :(

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Had never been stealing or never been caught?

What part of this is ridiculous? The fact that the retailer wants to punish those that steal from them?

If one of his friends intentionally broke a window in your home while visiting, would you expect his parents to make good?

Why should a retailer be any different?

Assuming you're in California, here's the statutory provision governing civil demands:

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Quoting California Penal Code, Sec. 490.5(b)

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(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.

The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

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Your options are to pay the civil demand, contact the collection firm to see if they'll agree to a reduced amount or payment schedule, or decline to pay and see if they sue you.

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Quoting cyjeff

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Had never been stealing or never been caught?

What part of this is ridiculous? The fact that the retailer wants to punish those that steal from them?

If one of his friends intentionally broke a window in your home while visiting, would you expect his parents to make good?

Why should a retailer be any different?

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Well I would expect the parents to make good, but I would not tell them they must pay me $600 for a $100 window just because the law says I can, to offset my losses just in case someone else breaks a window in the future (or however they justify the exorbitant charges, I'm not sure)..
The part that is ridiculous is the elitist attitude of some people on this forum. Let he who is without sin.....
I have gotten some good advice advice from nice people on here too though-- like asking the collection agency if they will reduce charges.. Because I do want him to be held accountable.. That's what I will do and hopefully they will be cooperative, because we just don't have $300+.

You are free to contact the Civil recovery service and see if they will accept loer payment. They are not obligated to do so. Like another poster from a week or so I will give you same advice if unhappy with the law write your state's Representitive and request change. However I can tell you this retailers lose over 13 billion (with a B) a year to shoplifting the Civil Demand laws help recoup only a small portion of the lost and cost to combat your child's bad choices.

Especially if you can't afford the civil demand, I'd just let them go after your kid. Some time in juvey wouldn't be the worst thing for him. If he's saveable, he won't do anything to go back.

Civil Demand has nothing to do with jail or criminal issues. Its Civil and if not paid its the parents who will get increased fine, report to credit reporting agencies and, possibile law suit.

But if they didn't sign the form, wouldn't the corporation go to the cops instead? That's what I meant.

That's possible. There are no statistics maintained on how often that happens.