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  1. #1
    Join Date
    Apr 2008
    Posts
    7

    Default Civil Action Against Shoplifters

    Thursday, May 1, 2008
    Business

    Published: September 20, 1991
    Gov. Mario M. Cuomo signed legislation today that would enable merchants to take civil action against shoplifters instead of pursuing criminal charges that can be time-consuming and expensive.

    Under the new law, shoplifters who concede their guilt can reach agreement with the merchant to make restitution for the value of the stolen property, and the merchant can also impose a fine not to exceed $500. In such settlements, the shoplifter will not get a criminal record.

    The law's sponsors contend that it will relieve some of the burden on the state's criminal courts and that the restitution provisions will help keep the full costs of shoplifting from being passed on to consumers.

    Mr. Cuomo signed the bill without comment.

    "Shoplifting in this country costs retail store owners about $27 billion per year and is the fastest growing of the larceny crimes," said Senator John B. Sheffer 2d, an Erie County Republican who sponsored the bill. "This cost inevitably is passed on to consumers and it is, therefore, a problem for every family in this state."

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: What Does It Mean?

    It means merchants are allowed to take civil action against shoplifters to recover some of the damages they incur from shoplifters. Also keep in mind that article was written in 1991.

    A snippet of information from New York statutes:

    §11-105. Larceny in mercantile establishments.

    5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:

    (a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus

    (b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.

    6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment in an amount consisting of:

    (a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred
    dollars; plus

    (b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.

  3. #3

    Default Re: What Does It Mean?

    I've been reading about this the last couple of days and what I don't understand is if the business owner indeed calls the cops can they still demand civil recovery? If so, why? It seems if the ultimate goal of this was to keep the courts unclogged, allowing both doesn't making sense... Restitution as part of sentencing should cover the business losses.

    Is my thinking wrong (and I fully admit it might be)?

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: What Does It Mean?

    Quote Quoting Surprised2BHere
    View Post
    I've been reading about this the last couple of days and what I don't understand is if the business owner indeed calls the cops can they still demand civil recovery? If so, why? It seems if the ultimate goal of this was to keep the courts unclogged, allowing both doesn't making sense... Restitution as part of sentencing should cover the business losses.

    Is my thinking wrong (and I fully admit it might be)?
    Yes, the merchant can do both in most states.

    The criminal procedure and the civil demand are two separate issues. In a criminal proceeding, restitution isn't always part of the sentence, so a lot of the states have separate statutes that address the issue concerning the civil fine.

    A person may get a fine in a criminal proceeding, but that doesn't go to the merchant.

  5. #5

    Default Re: What Does It Mean?

    Quote Quoting Happy Trails
    View Post
    Yes, the merchant can do both in most states.

    The criminal procedure and the civil demand are two separate issues. In a criminal proceeding, restitution isn't always part of the sentence, so a lot of the states have separate statutes that address the issue concerning the civil fine.

    A person may get a fine in a criminal proceeding, but that doesn't go to the merchant.
    Some of that makes total sense, but I have to wonder what happens if a person is convicted and ordered to pay restitution and THEN the merchant also demands civil recovery later on. For example, lets say someone steals $1000 worth of stuff. They are ordered by the courts to pay $2000 restitution plus $500 in fines. 6 months later the victim also sends a civil demand letter for $2000. What happens?

  6. #6
    panther10758 Guest

    Default Re: Civil Action Against Shoplifters

    Restitution is usually for damages or in this case damaged merchandise. thatr rarely happens. If you recieve a Civil Demand letter and court order restitution you might tell court this see if they will remove this. However the real solution is just dont steal

  7. #7

    Default Re: Civil Action Against Shoplifters

    Quote Quoting panther10758
    View Post
    Restitution is usually for damages or in this case damaged merchandise. thatr rarely happens. If you recieve a Civil Demand letter and court order restitution you might tell court this see if they will remove this. However the real solution is just dont steal
    Heh, obviously!
    I've just read some articles recently stating how some business owners have taken advantage of civil recovery. Honestly, I believe what you say is true -- if a person who stole hadn't put themselves in that situation in the first place, there'd be nothing to complain about -- but two wrongs don't make a right either.

  8. #8
    panther10758 Guest

    Default Re: Civil Action Against Shoplifters

    You got love it when the thief complains about what he/she believes is theft against him/her

  9. #9
    panther10758 Guest

    Default Re: Civil Action Against Shoplifters

    Before one believes or accusses retailers of abusing Civil Demand read this:

    According to Univ. of Florida National Retail security survey, it is over $40 billion in total shrink and they attribute approx. $13 billion to shoplifting nationwide every year.

    If anyone is being abused its retailers

  10. #10

    Default Re: Civil Action Against Shoplifters

    I didn't say the theif was wronged... I'm asking a legitimate question about this, and my statement of "two wrongs don't make a right" stand.

    Read articles like these and you'll see why I (and others) have concern...

    http://consumer-rights.suite101.com/...civil_recovery

    http://www.abajournal.com/news/is_re...g_out_of_hand/

    http://walmartwatch.com/blog/archive...gal_extortion/

    Don't misunderstand me... I realize that a retailer has complete rights to get recovery for the merchandise and time lost, and the person caught stealing should be rightfully punished. For the record, it's my child (who is an adult) who is accused and us, the parents, are already making the kid work to get the money together to pay the retailer back -- regardless of what the law will say about it. It just concerns me that when I started researching civil recovery, so I'd know what we can expect, it turns out that there are SOME retailers abusing their right... and my concern comes from what I've read, not necessarily my own opinion (since this is all new to me anyway).

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