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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Default Shoplifting And Civil Demand Letters

    I have a question regarding "Civil Demand" laws in general. My two teenagers 15/17 were caught in Wal-Mart as a group of 6 or 7 total shoplifting a package of Zicam, my kids were not caught with anything on them as I am being told right now and they were detained before they left the store. I have not seen the video tape yet as this happen last night at 5:30, police were called and all kids will be charged. My question is if the tapes do not show my kids or certain kids not participating. How can the store legally send these letters to all the parents of the kids?? Since this is civil and not ordered by the court, what is there legal standing to do this?? I have read alot of the threads that contain "civil demand" letters in the title. We are probably going to talk to a lawyer to be safe but I like to know as much information as I can going in. Any help would be appreciated.....

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Shoplifting/Civil Demand Letters In General??

    In case you are not aware, the civil demand letter will be yours, not your kids because your children are minors.
    my kids were not caught with anything on them as I am being told right now and they were detained before they left the store.
    What did they say to the LP during their time of detainment?
    Since this is civil and not ordered by the court, what is there legal standing to do this??
    It's not going to benefit them for you not to pay this. Depending on where you live, if diversion is an option, TAKE IT YESTERDAY. This will however, require that you pay the demand letter. They got you in a catch 22...and it sucks. Since the demand letter is YOURS, not theirs you can decide to pay it or not, just know that if you don't, the amount will continue to go up until they get a judgement.
    We are probably going to talk to a lawyer to be safe but I like to know as much information as I can going in. Any help would be appreciated.....
    Yes, talk to a lawyer. Ask questions as you are, its the best you can do. The other option that might work for you is to call the store manager of the walmart and speak with him. He might be willing to share the tapes with you showing you what your kids did/didn't do. I doubt they will do this but hey...what do you have to lose by asking right?
    police were called and all kids will be charged.
    So they have not been charged yet? If this is the case, it is likely the prosecutor will review the tapes and decide not to charge. It's a crap shoot for you at this point. Its hard to speculate since you don't know what charges they are facing.

    A guy who works for me son was caught at a similar chain store shoplifting a bottle of liquor. He was 16 and could have been in deep **** criminally. The store decided not to press charges if the parents agreed to pay civil demand. They agreed. When the letter came for 299.00 for a 20.00 of liquor the parents had a change of heart about paying it. They felt it was too high since they got the bottle anyway. They waited too long and the next letter was raised to 798.00. Along with this 798.00 demand, they also stated that they would press criminal charges if this demand was not met. YIKES...needless to say, they paid that one. His son was 16.

  3. #3
    Join Date
    Jan 2008
    Posts
    6

    Default Re: Shoplifting And Civil Demand Letters

    "they also stated that they would press criminal charges if this demand was not met"

    Isn't that extortion?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Shoplifting And Civil Demand Letters

    Quote Quoting rapunzel
    View Post
    "they also stated that they would press criminal charges if this demand was not met"

    Isn't that extortion?
    That would depend upon state law.

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