Do Shoplifters Have to Pay for Merchandise That They Damage

[lala123]

One of my friends sister was caught shop lifting at macys. As she was getting out 3 people came and hand cuff her. Then took her back and filled out the form for and told her she owes $1200 ..$425 dont know what that is for and $800 something because the clothes were damaged. She took the alarm tags out so there was little rip on the clothes. They called the cops. Cops came n give her a ticket and told her to appear in court. The macys people didnt have her sign any forms. Just give her a paper with case and said you owe $1200 to pay with 5 business days. But they never had her sign any papers besides the one with cop. She is asking for advise .what can she do since she didnt sign any form should she pay this $1200, $800 was for the merchanise that was stolen but they recovered it n it was just ripped like a half of a size of dime. They charged her full price when the items was on sale. Which i think is unfair, they should only charge her for sale price not full price. Any advise?

[Taxing Matters]

She has two problems here. The first is the criminal charge for the shoplifting. She'll want a lawyer to help her deal with that. The second is the civil liability for the theft. What the store can do for the civil liability part of it varies considerably from state to state, and you did not say in what state this took place. Tell us the state and we may be able to give you some information on that. Note, though, that once the clothes are torn, even with a small tear, the store cannot sell them new and Macys is not in the practice of selling damaged goods, which at any rate would sell for far less than new undamaged clothes would. Note also that in many states the store can seek more than the value of the goods taken as a way of compensating the store for the costs of having to pay for store security to deal with thieves like your friend’s sister and also to discourage people from stealing. If they have to pay more than the stuff is worth if they get caught that makes the theft attempt even less attractive as it increases the risk of loss.

[Mr. Knowitall]

The store has two avenues to recover the money: A restitution demand through the court, and a civil demand that (if unpaid) could result in a lawsuit. They can do both, although any payment toward the value of the damaged merchandise should be credited to both claims.

As indicated, you did not identify your state, but some states will accept a retailer's argument that sale prices are for paying customers only, and that thieves don't get a discount.