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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Question Minor Shoplifted - Do Parents Have To Pay Civil Demand

    Back in April 07, my 15 yr old daughter got caught shoplifting a shirt from a Mervyn's in California. While at Mervyn's LP office my daughter said that they had her sign some kind of paper saying that she would pay $60 for the value of the clothes (even tho they got it back). They did not give her a copy of the paper & my later attempt to get one was unsuccessful. Everyone I spoke to acted as if then didn't know anything about any paper like I described & I was repeatedly redirected to speak to another person who might know, until I finally gave up & left. At the time my daughter was caught, the police were called & she was taken to the police station and booked & then released with a sitation to appear in juvenile court. After two court appearances she was taken into custody & ordered to spend time in Juvenile Hall. She had 3 offences in all by the time she went to court. She is still in Juv. Hall at this time. In the meantime, I have received a Civil Demand letter from attorneys for Mervyn's demanding that I pay $295.00. Does anybody know if I am required to pay this demand, since my daughter had to go to jail? And what about the paper she signed that said she'd only have to pay $60? But the letter I got (addressed to her guardian) is demanding $295. Why such a big difference in the amount? What happens if I don't pay? Or what if I only pay the $60? Any comments will be helpful. Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Minor Shoplifted - Do Parents Have To Pay Civil Demand

    Civil penalties are separate from criminal prosecutions, and California law holds parents of unemancipated minors responsible for their payment.
    Quote Quoting California Penal Code, Sec. 490.5. - Civil Penalties for Shoplifting
    (a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.

    (b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.

    The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

    * * *

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Minor Shoplifted - Do Parents Have To Pay Civil Demand

    Quote Quoting jkw859
    View Post
    Back in April 07, my 15 yr old daughter got caught shoplifting a shirt from a Mervyn's in California. While at Mervyn's LP office my daughter said that they had her sign some kind of paper saying that she would pay $60 for the value of the clothes (even tho they got it back). They did not give her a copy of the paper & my later attempt to get one was unsuccessful. Everyone I spoke to acted as if then didn't know anything about any paper like I described & I was repeatedly redirected to speak to another person who might know, until I finally gave up & left. At the time my daughter was caught, the police were called & she was taken to the police station and booked & then released with a sitation to appear in juvenile court. After two court appearances she was taken into custody & ordered to spend time in Juvenile Hall. She had 3 offences in all by the time she went to court. She is still in Juv. Hall at this time. In the meantime, I have received a Civil Demand letter from attorneys for Mervyn's demanding that I pay $295.00. Does anybody know if I am required to pay this demand, since my daughter had to go to jail? And what about the paper she signed that said she'd only have to pay $60? But the letter I got (addressed to her guardian) is demanding $295. Why such a big difference in the amount? What happens if I don't pay? Or what if I only pay the $60? Any comments will be helpful. Thanks!
    The difference can be many things including their legal fees and the costs of processing. I would pay the whole amount or be taken to court where the numbers will go up considerably.

  4. #4
    panther10758 Guest

    Default Re: Minor Shoplifted - Do Parents Have To Pay Civil Demand

    As minor your parents must pay. Failure to pay will have many negative impacts depending on how long this goes on. Here are the likely steps in order

    . Negative report to credit reporting agencies
    . Raise in fee (triple most likely)
    . Law suit in which case fee will up again plus your parents will owe court cost and Attorney fees.

    Its not worth it to not pay. Most of these law Firm/Civil Recovery services will put you on a payment plan if you desire. Just make sure you make payments on time. If not they can demand payment in full and/or any of the above mentioned. Keep in mind these law Firms/Civil Recovery services do not get paid unless you pay so they are vry likely to take whatever means they can to get the money. they canno tlose (in most cases) as state law favors them

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Minor Shoplifted - Do Parents Have To Pay Civil Demand

    A few hundred bucks to get something taken care of outside the criminal court system BEATS THE HELL out of what you would pay an attorney to "cut a deal" for your kid if this went unpaid and they filed criminal charges.

    If the deal is $60 + $295 civil remediation AND they will not press criminal charges then you and your child can count yourselves very lucky.

    More often than not these youthful indescretions are being tracked in databases outside the court system, sort of like a credit report. When the juvenile record is sealed by the legal system when they are 18 these civil databases might still allow access.

    If you have any questions you can always check with a criminal defense attorney in your locale. Most will charge little for 1/2 hour to sit down with you. You may even get a return call and they will tell you what to do over the phone. Ultimately the store will get their money and the courts (civil or criminal) will see to that. The retail lobby in your congressional halls is huge. In my years in the D.C. area I have yet to see anyone standing up for shoplifting rights outside of the ACLU. While a strong lobby, generally they are just trying to prevent additional crimes from being tacked, trying to prevent entrapment, or trying to ensure that the punishment is reasonable for the crime. ...imagine being a felon that gets his/her 3rd strike for stealing a $300 leather jacket that is on sale for $75. ...the charge is on the retail price and not the sale price. All of a sudden that misdemeanor is a felony (grand larceny).

    While I feel the best thing that could happen to your kid is a little tough love from you, an attorney, and the legal system, everyone deserves A chance if their action does not bring physical harm to another.

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