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  1. #1

    Default Caught Shoplifting Merchandise from Target

    My question involves criminal law for the state of: IL

    I was caught shoplifting merchandise of $29.99 from a Target. I was brought to the back room and asked for my ID. I told them I had no ID on me, and was then asked for my full name and my address. When I asked them why they needed that, I was told, "You don't have ID on you, or any you WANT to show us, so we could just call the police now and have you deal with THEM. We're trying to help you out here and not have to do that. If you do, all that will happen is we'll take down your information, have you sign this No Trespass form, and then you'll be on your way. You'll never be able to come into THIS store, or else you'll be in violation of the Trespass order you signed and will be arrested by the police if one of the security team here catches you. You can continue shopping at other Target stores, but if you shop lift from another one of our stores and we find out, we call the police, they go to your place and pay you a visit."

    So I gave them my real name and address, signed their paper, my picture was taken, and was escorted out. Now I'm discovering that even though the merchandise was given back, that I may be sent a Demand Letter from Target, that now I have to pay for not only the price of what I tried to steal, but also damages, between $100 and $1,000, as well as attorney fees.

    I received advice from a lawyer online who said that in most cases when it's petty theft like mine is concerned, what Target did in their store is usually as far as they go. It's only when the theft is over $100 because it's considered a major theft. In those cases, Target not only sends Demand Letters but also pursues them with a law suit. I was also told that in my state, Target has three years to file a law suit against me, if they choose to. My consulting lawyer said that yes that was true, however the corporation isn't going to just drop something on someone several years down the line because it's a waste of their time, effort, and money. If they don't send something to someone in a few weeks, then they're done dealing with them, provided the person doesn't re-enter the store the incident happened or shop lift from another store. I was also told that although he felt I didn't have much to worry about, he couldn't guarantee the store WOULDN'T do something because it might be an independently owned store and if they've informed corporate. In that case, then they might send me a Demand Letter, or file a law suit. However, he only had two cases with Target, so his experience was limited.

    My question is this: With all that information on my case, is there anyone out there that has had more experience with Target in Illinois for theft of items that are less than $30? Does Target pursue theft of this small from people in my state? I've also read varying information about Demand Letters, that companies like Target get law firms to crank these out, but that if you don't pay there's little follow up because there are so many people who commit theft and the firms have only so many man hours to devote to cases. Also, I read that some companies like Target use Demand Letters like bullying ransom notes, sending them again and again even when the initial amount was paid off, or asking for outrageously high amounts for items stolen that were rather inexpensive. Is this true?

    Thank you for any help that folks here can give me.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: On Shoplifting from Target

    If you do not pay the civil demand, they can and sometimes will press criminal charges. Further, they can and sometimes will keep adding collection fees until they decide to sue you. State law gives them the power to make a civil demand. It is designed to pay for security infrastructure to catch people like you and cover some loss. Basically it is a fee for the time and assets you wasted.

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

    Default Re: On Shoplifting from Target

    They can make a criminal complaint whether you pay the civil demand or not. However, it is highly unlikely that it will result in criminal charges if not pursued contemporaneously. Saying that we'll report you criminally if you don't give us money is a crime in itself.

    The issue is what is the likelihood that Target's "lawyers" pursuing you in civil court if you don't roll over from getting threatening letters.

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