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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default Civil Liability when Innocent

    My question involves criminal law for the state of: North Carolina.
    My daughter entered Walmart with a bag containing blinds I had purchased for her with cash. She did not have the receipt with her. The reason for taking it in was to compare colors for window treatments. She took the blinds out to compare, and put them back. She was detained by loss prevention who then took her into the office to interrogate her. They took down her information. After the loss prevention person humiliated and frightened her, the store manager said he believed her and let her go. No police, no signatures, nothing else.
    I received a letter from a law firm representing Walmart regarding a civil claim against her, asking her to pay $150. She called the store asking what happened, and they said they had no record of it, and the loss prevention person must have filed it with corporate. What do we do now? I can't find the receipt to prove I bought it. If we pay the fine, does that admit guilt and open her up for criminal charges in the future? I am not sure I want to go to court because this could get costly. I am getting conflicting advice. Please help.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Civil Liability when Innocent

    Do not totally listen to me since I just pull air out of my ass.

    If you take a purchased item into a store, ALWAYS have the receipt and check in with the clerk at the door for that little tsticker they give you.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Civil Liability when Innocent

    Did she confess to the offense while in the store? Did she sign a confession? Did they let her take the blinds when she left, or did they keep the blinds?

  4. #4
    Join Date
    Sep 2009
    Location
    Texas
    Posts
    60

    Default Re: Civil Liability when Innocent

    “If “ You’re side of the story is true…..

    Wal-Mart has a great CCTV system. Ask Asset Protection to review the DVR. Have them review the camera to see if she walked in the store with the blinds in hand.

    Should only take them 5 minutes to find out who’s telling the truth.

    Next time, make sure to stop at the people greeter and get one those little yellow stickers or bring the receipt.

  5. #5
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Civil Liability when Innocent

    Yes, she learned her lesson regarding taking the receipt in with her. However, I was the one who had the receipt and lost it. She wasn't thinking about it at all. She is a very busy college student, and even though she is bright, she is innocent in many ways. If you knew my daughter like I do you would understand. There was a handicapped greeter when she walked in who did not check her bag. She did not admit to anything, did not sign anything and she was allowed to leave WITH her blinds. This incident happened over a month ago. How long do they keep the recordings from the CCTV?

  6. #6
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Civil Liability when Innocent

    It sounds really unfortunate but don't think she has anything to be concerned about. The manager at the store isn't going to prosecute her and the law firm demanding payment (they're from either N.Y. or Florida, right??) isn't going to sue her. (I wouldn't even consider responding to them.)

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Civil Liability when Innocent

    It is a civil demand letter. As she was not charged with shoplifting, much less convicted, they have no right to contact you with a civil demand.

    Although you don't have the receipt, you are a witness and can certainly testify if anything gets serious. But nothing is going to happen other than the civil demand nonsense.

    A law firm in another state is not going to sue, however, they probably have a law firm in your state they work with in these things.

    I would nip it in the bud. Simply send a letter stating there was no shoplifting, no charge. The blinds were yours and previously purchased in the store. It was all a misunderstanding. They do not get to make a civil demand and to never contact you again.

  8. #8
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Civil Liability when Innocent

    You are corrrect, Florida. If we don't pay, there will be court costs and attorney fees.

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