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  1. #1
    Join Date
    Sep 2006
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    2

    Default Caught shoplifting at Wal-Mart

    I was caught shoplifting at my local wal-mart in baton rouge louisiana almost a year ago I've since then been able to pay the criminal fines completely off and was slowly paying their civil demand sending them at least 25 dollars a month winch they agreed I could do. However Ive recently become unemployed and I was unable to send them anything for the past 2-3 months well now they've gotten a lawyer and are now demanding I pay them 350 dollars instead of the previous balance of only 75 dollars.

    Is this legal should I pay the 350?

    Also I have a question about the way I was detained during the shoplifting incident. This is how it occured. As I was walking out of the store with the stolen merchandise in my pocket the loss prevention guy grabbed my arm just above the elbow and sayed something along the lines of are you going to cooperate I said yes and almost immediately another guy grabs my other arm and they proceed to almost drag me to the back telling me I had to walk faster etc. I offered them no resistance and they had no reason to believe I was going to try to run so was it legal for them to handle me like that?

  2. #2

    Default Re: Caught shoplifting at Wal-Mart

    The law states that stores can use reasonable force to detain you. Unless you had noticeable bruises on your arm that you could have shown the cop when they arrived, its very hard to prove excessive force was used. Now, if they told you to "walk faster or we're gonna break your legs", then that would be a problem because they aren't allowed to threaten shoplifters with violence. With most deparment stores, it is their policy to treat all shoplifters as if they are a future customer. I've even heard stories of store security bringing shoplifters food and drink. If you felt you were treated inappropriately, I would have called the district LP manager and told him about it.

    As for the deal with paying a fine, I seriously doubt they hired a lawyer. It would cost them more money to do that then what they are getting out of you. Either its a scare tactic or they paid some lawyer $50 to write a threatening letter for them.

  3. #3
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Caught shoplifting at Wal-Mart

    Well the reason there using for the increase from 75 to 350 is because they hired a lawyer. Does that same right? Why would the lawyer charge them when we have't even gone to court yet?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Caught shoplifting at Wal-Mart

    So they can prepare to take it to court.

    Quote Quoting Louisiana Civil Demand Laws
    Louisiana Statute Section 9:2799.1.
    Civil liability for theft of goods from merchants.
    A. Any person who unlawfully takes merchandise from a merchant's premises shall be liable to the merchant for the retail value of the merchandise taken, if not recovered in merchantable condition, plus damages of not less than fifty nor more than five hundred dollars.

    B. The provisions of this Section shall not be construed to prohibit or limit any other cause of action which a merchant may have against a person who unlawfully takes merchandise from the merchant's premises.
    Art. 237. Parent's liability for offenses or quasi-offenses of children. Fathers and mothers are answerable for the offenses or quasi- offenses committed by their children, in the cases prescribed under the title; Of Quasi-Contracts, and of Offenses and Quasi-Offenses.

    Art. 2318. Acts of minors. The father and the mother and, after the decease of either, the surviving parent, are responsible for the damage occasioned by their minor or unemancipated children, residing with them, or placed by them under the care of other persons, reserving to them recourse against those persons.

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