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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Wrong Address and Civil Demand

    My question involves criminal law for the state of: Texas

    I was caught shop-lifting today in Kroger Texas. The merchandise was worth $12. The Police was called but cancelled by the security after 45 minutes. The security, however, said that it will reflect in their shop records and issued a trespass notice. When I asked how long I am prohibited into the store, he said 'may be an year and a half'. He also showed me the computer screen where he did not enter the expiration date of the trespass notice. Since I moved recently, I gave him my new address when I was asked for. During his paper work he noted down details from my driver's license which contained my old address. My questions now are

    1. I have no intention of going into the store ever. But I just want to know how long am I not allowed into the store. No where was it mentioned in the paper that he gave us to sign.

    2. I am doubtful if the security wrote down my present address correctly. He took it down on a sticky note without my apartment number. What if the civil demand notice is sent to the wrong address? I know I will get into a deep mess if I fail to pay the fine.

    3. How long does Kroger keep this in their record? (I have no black-mark on me till now. Not even a traffic/speeding ticket. This kind of haunts me.)

    I don't want to end up in more trouble by not paying the Civil demand. Please tell me what I should do...

  2. #2

    Default Re: Wrong Address and Civil Demand

    Here's what I used to do in just a situation you've described. Where there were two addresses I sent a Civil Demand notice to both addresses. If I didn't receive a response within the required amount of time and no answer from phone calls, I filed in court under the address on the operators license. That was the official address listed with the state and the courts accepted that as proper service.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Wrong Address and Civil Demand

    1. Until they tell you otherwise. You can write to the manager at some future date and see if they'll rescind the order.
    2. The civil demand is not a fine. You can write the store, but the omission of just the apartment number shouldn't keep your mail from being delivered usually. You could write the store if it bothers you.
    3. No way of telling.

    You do know, that just because they cancelled the police call doesn't mean the police won't get around to stopping by the store and taking a report. It's not Kroger who decides if you are prosecuted, it's the state.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Wrong Address and Civil Demand

    Call the store, ask for LP. Tell them you want to verify they have the correct address on file.

    Regarding the ban....I'd wait a year and then write Kroger Corporate Office, attn Loss Prevention Department, and ask permission to shop there again. Don't go into any Kroger anywhere until you receive permission.

    I think they keep this in their system for as long as the company exists.

  5. #5
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Wrong Address and Civil Demand

    If the police does get around and take a report, how will I get to know that? Will they come home and arrest me? I was told by the LP that I got lucky and he also told me that he really wants to help me as this will affect my career for lifetime. When calling back the police to cancel, he told them 'It is OK. It is only $10'.

    1. Now that the Police might come back, does it mean it is not over yet?

    2. Are there any ways to get my record straightened with Kroger in few years down the line? I read somewhere that National retail theft database keeps its record for only 7 years. Does kroger have any policy like that?

    3. Also I might be leaving the country in a month or two. What if the Civil demand notice gets served after I leave? Is there anything I could do to make it arrive sooner and pay it off?

    4. They did not take a picture of me. What are the chances they might use the picture in my Driver's License to put it on their notice board of shoplifters in their store, if they have one?

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Wrong Address and Civil Demand

    1. They would come knocking on your door, or maybe just mail you a court summons.

    2. I don't know how long Kroger keeps their files, but likely longer than the theft database. This way, if an offender gets caught again, they know the person has stolen from there before.

    3. Not really. It gets sent out based on how many other demands they have to process. It could arrive in just weeks, or a few months. I'd stay in the country until it arrives and payment is sent....or tell a friend what you did and have them let know it arrived.

    4. Between drivers license or surveillance video, they will have a picture of you in their system.

  7. #7
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Wrong Address and Civil Demand

    How long will it be before I know that Police is involved? If neither the Police nor the Court summon arrive by 2 months can I conclude that no police was involved and it is only between me and Kroger?
    What if the Police knocked at my old address? I had given the LP and store manager, my Phone number. Will the Police call and verify my address?
    It is just that I don't want to mess up with the procedures by not being there.
    Also I am on a visa and so are all my friends. If I leave, then my employer will be taking care of my mails, in which case I might lose the job as well.
    LP did not mention anything about the Civil demand or any sort of notice that might come to my home. Can I expect that there will be no Civil demand? I did try to contact the store and the LP. All they said was there are 7-8 people working as security and they rotate themselves and it is difficult to contact one particular person. I sent my husband to the store for this and the person in the office had completely no knowledge about the incident which occurred the previous day.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Wrong Address and Civil Demand

    It varies by state, but they have 1-2 years to bring criminal charges.

    If they have your old address, they will simply issue a warrant for your arrest. Again, get the address issue corrected. Unless you want to risk the Civil Demand going to Civil Court and messing up your credit, and want to risk being pulled over for speeding or something and ending up in handcuffs.

    You WILL be getting a Civil Demand. This is common in 99.999999% of shoplifting cases.

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