Civil Liability when Innocent

My question involves criminal law for the state of: North Carolina.
My daughter entered Walmart with a bag containing blinds I had purchased for her with cash. She did not have the receipt with her. The reason for taking it in was to compare colors for window treatments. She took the blinds out to compare, and put them back. She was detained by loss prevention who then took her into the office to interrogate her. They took down her information. After the loss prevention person humiliated and frightened her, the store manager said he believed her and let her go. No police, no signatures, nothing else.
I received a letter from a law firm representing Walmart regarding a civil claim against her, asking her to pay $150. She called the store asking what happened, and they said they had no record of it, and the loss prevention person must have filed it with corporate. What do we do now? I can't find the receipt to prove I bought it. If we pay the fine, does that admit guilt and open her up for criminal charges in the future? I am not sure I want to go to court because this could get costly. I am getting conflicting advice. Please help.

Do not totally listen to me since I just pull air out of my ass.

If you take a purchased item into a store, ALWAYS have the receipt and check in with the clerk at the door for that little tsticker they give you.

Did she confess to the offense while in the store? Did she sign a confession? Did they let her take the blinds when she left, or did they keep the blinds?

“If “ You’re side of the story is true…..

Wal-Mart has a great CCTV system. Ask Asset Protection to review the DVR. Have them review the camera to see if she walked in the store with the blinds in hand.

Should only take them 5 minutes to find out who’s telling the truth.

Next time, make sure to stop at the people greeter and get one those little yellow stickers or bring the receipt.

Yes, she learned her lesson regarding taking the receipt in with her. However, I was the one who had the receipt and lost it. She wasn't thinking about it at all. She is a very busy college student, and even though she is bright, she is innocent in many ways. If you knew my daughter like I do you would understand. There was a handicapped greeter when she walked in who did not check her bag. She did not admit to anything, did not sign anything and she was allowed to leave WITH her blinds. This incident happened over a month ago. How long do they keep the recordings from the CCTV?

It sounds really unfortunate but don't think she has anything to be concerned about. The manager at the store isn't going to prosecute her and the law firm demanding payment (they're from either N.Y. or Florida, right??) isn't going to sue her. (I wouldn't even consider responding to them.)

It is a civil demand letter. As she was not charged with shoplifting, much less convicted, they have no right to contact you with a civil demand.

Although you don't have the receipt, you are a witness and can certainly testify if anything gets serious. But nothing is going to happen other than the civil demand nonsense.

A law firm in another state is not going to sue, however, they probably have a law firm in your state they work with in these things.

I would nip it in the bud. Simply send a letter stating there was no shoplifting, no charge. The blinds were yours and previously purchased in the store. It was all a misunderstanding. They do not get to make a civil demand and to never contact you again.

You are corrrect, Florida. If we don't pay, there will be court costs and attorney fees.

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Yes, she learned her lesson regarding taking the receipt in with her. However, I was the one who had the receipt and lost it. She wasn't thinking about it at all. She is a very busy college student, and even though she is bright, she is innocent in many ways. If you knew my daughter like I do you would understand. There was a handicapped greeter when she walked in who did not check her bag. She did not admit to anything, did not sign anything and she was allowed to leave WITH her blinds. This incident happened over a month ago. How long do they keep the recordings from the CCTV?

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Did she walk in the door with something in her hand or not?

If what you say is true, the DVR would confirm your story and the case would be dropped like a hot rock. The LP would most likely be fired for deviating from store policy.

BTW…the DVR records much longer than a month, and saves records permanently if saved.

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Quoting carolinamom

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You are corrrect, Florida. If we don't pay, there will be court costs and attorney fees.

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Only if you're unsuccessful. In a circumstance where somebody is detained on suspicion of shoplifting, then released not only without charges or a signed admission but also with the merchandise they were alleged to have been stealing, I would say the case for the civil demand is pretty weak.

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Quoting carolinamom

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You are corrrect, Florida. If we don't pay, there will be court costs and attorney fees.

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As Aaron points out, they don't really have much of a case against her, at this point....but there's more to it. They're asking for $150 which probably means that if they prevail and all goes well, they end up with $75.

In order to get their $75, they need to sue you in YOUR area's court. After that, they need to show up..or else hire another law firm in your area to do so. After that, either they or the other firm they hire has to appear in court....YOUR (HER) court; not a Florida court.

After that, they have to prevail and get a judgment against her (which seems highly unlikely to me). After that, they have to collect the judgment from her. After they get $150 from her they have to give half to Wal-mart.

In the end, if all goes perfectly, they walk away with 75 bucks. How likely do you think it is that that's going to happen?? Those people don't stay in business by suing people. They stay in business by sending out intimidating letters with the hope that people will send them money.