Civil Demand Sent to Parent After Daughter Was Caught Shoplifting

[souperdave]

You read my mind. I know they'll do anything for a stat.

You got that right! The location in my 'hood had that area depopulated in one fell swoop a few months back by actions that were, in a word, shocking. Thing is, I'm pretty much unshockable, but what these losers were doing was a new low. Actually, they redefined low!

If I get a few free minutes this week I'll send you and Bam a PM with the story. It is pretty amazing.

[bam!]

Which is while the OP should reach out, especially if it is them. Being a integral part of the CD program for my company a few years back, we researched companies including that one. They are in house until it reaches a point then they use two different outsource providers. One for east coast and one for west coast. Once it reaches that point (generally two months) good luck ever getting it rescinded. I cannot believe (well I can just a figure of speech) that am LPM would approve or ok a case without any paperwork signed or without looking at video or without asking a few questions.

I'm curious about the story souper has.

[jk]

Which is while the OP should reach out, especially if it is them. Being a integral part of the CD program for my company a few years back, we researched companies including that one. They are in house until it reaches a point then they use two different outsource providers. One for east coast and one for west coast. Once it reaches that point (generally two months) good luck ever getting it rescinded. I cannot believe (well I can just a figure of speech) that am LPM would approve or ok a case without any paperwork signed or without looking at video or without asking a few questions.
.

actually, unless the merchant files a police report, they have no legal right to demand a civil fine. I suspect the demand, without the required action of filing a filing a formal police report, merchant might be guilty of an actual crime themselves. That failure to file the police report would be a complete defense to the demand.

but being realistic here; I suspect the merchandise was stolen. Why would the girl give up the property if somebody did actually purchase them for her? Very unlikely when there is an easy explanation of; Mom, meet Joe Schmoe. He is who bought the clothing for me. He even has a receipt.

So, while the girl may not be guilty of the crime, she likely returned stolen property. If the merchant files a report with the police, they can seek the civil demand from OP and child. OP and child would have to defend themselves as to why they had stolen property. At that point they have a couple options; ratting on who did steal it, admitting to it, refusing to explain. Given that there is only a preponderance of the evidence required to be found liable, I suspect in 2 out of 3 of those situations, OP will be found liable for the civil demand. That would result in OP having a judgment on her record. Not a good thing.

So, although the store is in the wrong for making the demand without making the police report, I suspect that ultimately they could comply with the law and ultimately be awarded a judgment for the demand. So, does the OP go through the entire process and end up paying the demand on top of dealing with all of the activity in between or just pay the demand now and be done with it?

[PandorasBox]

I'm confused....

We see it often....no Criminal Charges, no police...but Civil Demand issued anyway.....don't pay the CD, and the store may file the criminal charge....

I would think....since the returned merch was apparently stolen....they could issue the CD?

And wouldn't the issue of "Hi, returning $200 of merch since I don't think it was purchased" = basically - an admission that the merch was stolen....

[jk]

I would think....since the returned merch was apparently stolen....they could issue the CD?

the law is clear; they have no right to receive a CD unless there is a police report filed.

And wouldn't the issue of "Hi, returning $200 of merch since I don't think it was purchased" = basically - an admission that the merch was stolen....

not necessarily but even then, it is not an admission the the party returning the property stole it.

[PandorasBox]

So....the people issued CD's....but no charges....a police report was filed....but no charges by the prosecutor? Or the store says "We just wanna file the complaint, but not press charges?"

Thanks. Just trying to answer questions better.

[jk]

So....the people issued CD's....but no charges....a police report was filed....but no charges by the prosecutor? Or the store says "We just wanna file the complaint, but not press charges?"

Thanks. Just trying to answer questions better.

OP said no report was filed. That is the requirement to be able to seek a CD. As to whether the DA actually files charges, that is up to the DA. The merchant can express their desire to not wish to press charges but ultimately, that is up to the DA. I suspect if the merchant makes too many makes too many reports and continues to say "but we don't want to press charges", the cops will stop responding to their calls for shoplifting.