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  1. #1
    Join Date
    Jan 2009
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    Default Retail Fraud Civil Demand - When is It Harrassment

    My question involves criminal law for the state of: Michigan

    Ok, it's kinda a long story, but to make it short I was recently fired from my job at a large retailer for "Misappropriation and/or damageof company assets". What happened was my boyfriend gave me a gift card that was for the retailer, I used the gift card, I was then fired for useing the gift card and arrested for thief. The person who fired me told me that they had me on tape stealing the gift card from a customer. While being interrogated by the police it was discovered that she didn't actually see me do anything on the video tape. They asked my boyfriend what happened and he told them he had found the gift card on he ground in the parking lot. Because I had told him at some point in time in the past that a gift card is "just like cash" He didn't think anything of it. I hadn't asked him where he had gotten the gift card and didn't find out until after I'd already used it.

    Now I am being harrassed by a Law office for damages. The cardwas worth 40 dollars and I know there is a MI law that says they can charge you up to 200 dollars extra for these sorts of thing. I was never charged with any crime. Nor have they taken me to court, they just keep sending me letters and calling me saying that I owe them money, the last letter they sent says I owe them 665 dollars now, even though I've never been to court. Every time they call I tell them to take me to court because I have no intention of paying anything. It's gotten to the point where I don't think they actually take people to court, they just harrass people until they cave because they just want to move on with there lives. What should I do?

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

    Default Re: Retail Fraud Civil; when is It Harrassment

    Just because they didn't charge you criminally doesn't mean that they can't sue you in a civil court. Did you ever sign anything agreeing to pay the store back?

    If you ignore the letters, they can take you to court. You should consult with a local attorney.

  3. #3
    panther10758 Guest

    Default Re: Retail Fraud Civil; when is It Harrassment

    Civil Demand is state law. Unless you want to see this cost rise or possibly go to court (thus costing thousands maybe) you will sadly pay it

  4. #4
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    Jan 2009
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    Default Re: Retail Fraud Civil; when is It Harrassment

    I did sign something saying I would pay back the cost of the gift card, but that was under distress, My Manager handed me a piece of paper, Told me to write down that I would pay it back and told me to sign it, and That it would all be ok after I did that. I was then fired. I'm pretty sure thats illigal.

    I was also curious if I maybe have a civil case against them for wrongful termination and defemation of charater, she lied to the cops to have me arrested. I sat in an interrogation room for 3 hours under false pretenses and can never see any of my friends from work again because they all think I'm a Thief. I know Im probably not in the right thread to ask, but just curious.

  5. #5
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    Jan 2009
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    Default Re: Retail Fraud Civil; when is It Harrassment

    Oh! And I forgot to mention I really don't mind going to court. It'll give me the chance to counter sue, plus there attourny fees have to be mimimal because they have to go through small claims court, where a lawyer cannot even be present.

  6. #6
    panther10758 Guest

    Default Re: Retail Fraud Civil; when is It Harrassment

    You will never win that counter suit and your firing was legal

  7. #7
    Join Date
    Aug 2007
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    3,835

    Default Re: Retail Fraud Civil; when is It Harrassment

    Quote Quoting Pepperz42
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    I did sign something saying I would pay back the cost of the gift card, but that was under distress, My Manager handed me a piece of paper, Told me to write down that I would pay it back and told me to sign it, and That it would all be ok after I did that. I was then fired. I'm pretty sure thats illigal.

    I was also curious if I maybe have a civil case against them for wrongful termination and defemation of charater, she lied to the cops to have me arrested. I sat in an interrogation room for 3 hours under false pretenses and can never see any of my friends from work again because they all think I'm a Thief. I know Im probably not in the right thread to ask, but just curious.

    IF she LIED to the police to get you arrested, no question for ambiguity, YES, you can sue the daylights out of the company. You need to consult an attorney who specializes in employment law.

    If you signed a confession though, what was the detailed LIE she told, can you share that.

  8. #8
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    Jan 2009
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    10

    Default Re: Retail Fraud Civil; when is It Harrassment

    Well, the state of MI unemployment agency agrees with me that I did nothing wrong, and granted me my unemployment.

    So it was legal for her to lie to the police to get me arrested? Just looking for clarification. The fireing, is well, kinda whatever at this point. Back to my original post they have sent me 4 letters in the mail and called me many times, every time, I reply "take me to court" so far, no court, so when is it harrassment?

  9. #9
    Join Date
    Mar 2007
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    9,096

    Default Re: Retail Fraud Civil; when is It Harrassment

    Quote Quoting panther10758
    View Post
    If you can prove she lied to police then Police can file charges against her.
    The OP signed a confession.

    The "lie" has documentation provided by the OP that it is the truth.

  10. #10
    Join Date
    Jan 2009
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    Default Re: Retail Fraud Civil; when is It Harrassment

    Wow, I thank you all for your imput, but tbh I have no intention of paying anything. I never "confessed" I wrote exactly what happened and was then told to write that I would pay it back by my superior at work. Again, pretty sure thats illigal.

    At far as not having any evidence that my boy friend found it, well, they don't have any evidence that he didn't either. Innocent until proven? Plus no where on a gift card does it say "if found must be returned to <suchandsuch>" In fact, it says "the holder of this card is assumed to be the owner" Otherwise, I could buy anyone a gift card, have them use it, say they stole it from me and then I would get to sue them.

    Plus, I was granted my unemployment after it was denied because I was fired for theft. I had to write a letter detailing everything that had happened, and they found that I had in "no way acted against the best interests" of the company.

    Lastly, I haven't been "ignoreing" these letters, every time one is written or I am called I reply and tell them to take me to court.

    Again thanks for the imput, but sence I didn't do anything wrong, except what I was told to do by my boss, I don't see why I should have to pay these people anything. If a loose, well, at least I fought for what I knew was right.

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