Is a Civil Demand Notice a Certain Percentage of What Was Taken

If you are in Texas, and you were caught shoplifting an item worth $150, but barely made it out of the store and the item was recovered in perfect position, then is there anyway of knowing how much the civil demand will be? I thought the LP officer said 13 percent of the ticketed price, but that can't be right. On a side note, shoplifting is bad, for anyone considering it or doing it, stop it now, if you get caught, you will understand what I'm saying. PLEASE RESPOND. I AM LOST HERE AND I NEED TO KNOW HOW MUCH TO BUDGET FOR IT.

A minimum of 200-250... in your case, usually around $400.

Oh my gosh, k, thanks so much. Another question, if anyone can answer it, if a stores policy is to "Prosecute are larcenists and violators", if they caught you shoplifting on a security camera and had all your info, does that mean you would just get a civil demand notice? Or would you get a court date with a charge against you?

I'll try to find Texas' allowed demand but just to let you know, some states allow up to 10 times the retail price but some have limits that keep that down to around a grand.

I believe this is the applicable statute:

Quote:

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§ 134.005. RECOVERY. (a) In a suit under this chapter, a
person who has sustained damages resulting from theft may recover:
(1) under Section 134.003(a), from a person who
commits theft, the amount of actual damages found by the trier of
fact and, in addition to actual damages, damages awarded by the
trier of fact in a sum not to exceed $1,000; or
(2) from a parent or other person who has the duty of
control and reasonable discipline of a child, for an action brought
under Section 134.003(b), the amount of actual damages found by the
trier of fact, not to exceed $5,000.
(b) Each person who prevails in a suit under this chapter
shall be awarded court costs and reasonable and necessary
attorney's fees.

Added by Acts 1989, 71st Leg., ch. 2, § 4.05(a), eff. Aug. 28,
1989.

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so, that would mean they can demand up to $1000 and if they have to sue for it, they get to tack on court costs and reasonable and necessary attorney's fees which could easily double the initial demand.

I suggest that if you are in fact guilty, you pay any demand under $1001 and smile while doing it. Paying the demand does not seem to be contingent upon them not pressing criminal charges.

Pay the demand asap.

If no police were involved, be grateful...that adds court costs, fine, criminal record complete with mug shot and fingerprints taken, record that will haunt you for life....

But bear in mind the store does have a year to file criminal charges. Don't pay the demand, they can get mean and file the criminal charges.

Glad you atleast have learned your lesson the hard way.

I have gotten a class B misdemeanor charge, and my record is being expunged as I go through a first offender program, but k. Let's hope it's between $400-500, because then I can cover it, but if it's over there, the parents will not be happy. I will pay it asap of course, not paying it would be a death wish for my criminal record.

And the store recovered the actual merchandise immediately with no damages to the actual product. I wonder if that will make a difference.

Quote:

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Quoting star222

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And the store recovered the actual merchandise immediately with no damages to the actual product. I wonder if that will make a difference.

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nope



did you happen to read section 2 of the statute I posted? I did not research it at all as to applicability but if they can make a claim against your parents...WOW.

and you thought they would be upset if it was over $500.

Is there a high likelyhood that they will make a huge claim against my parents?

Depends on the retailer. Most do use Civil Demand. If you are a minor, the demand will issued to your parents. That's the law.

Oh I know they're sending a civil demand, but my parents didn't sign on it, they weren't at the store when the paperwork was filled. Is it possible it won't be much at all? Because I could have sworn the LP at the store threw out some numbers that weren't large at all. Does anyone know how long it normally takes for me to receive my civil demand notice, and once it's received, how long I have to pay it?

I wonder if the fact that it's a first offense as a juvenile makes a difference on the Civil Demand cost.