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***Accused of Attempted Theft***

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genius1_2B

Junior Member
What is the name of your state? Michigan


When I was 19 years old, I worked for a major sporting good store. The store had really good deals on their merchandise, and because the employees were the first to see the new arrivals, we usually got first picks on the merchandise. The manager's usually let the employees store their unpurchased clothes in the back room by our lockers. Sometimes, you'd come back to find that another employee had took your clothing and put it back on the racks only to have a customer buy it.

So some employees got fed up and started storing their unpurchased clothing in their lockers. Some paid for them and some didn't. I was one of the employees who held my clothes in my locker and paid for them on my lunch break. During my time here with this company, I NEVER STOLE ANYTHING out of the store. I paid for all of my selections...sometimes almost spending my whole paycheck there buying stuff.

TO make a long story short, we had a LOSS PREVENTION MANAGER come in and talk to the employees by having one on one conversations. On this particular visit, I was one of the employees who she wanted to speak with. We talked about the store, about my personal life and where I wanted to go in life. She then starts telling me about the camera devices that store has and what it shows people doing. She said it shows alot of people stealing clothes and they wanted to catch those that were stealing. She then questioned me about whether or not I had ever stolen any merchandise from the retailer store. I told her NO!

She then gets loud and critical with me and asked me what was in my locker. At that point, I remember I had some items in there that I was going to be purchasing once I got my next paycheck. The items totaled no more than $40.

Without hesitation, I told her everything that was in my locker. She then got mad because I assume that she wanted me to lie so that she could send the police in. She kept saying that she was one telephone call away from sending in the officer to arrest me if I didn't admit to stealing any type of merchandise. I told her the truth...that I had never stolen anything from the store and I was sticking to that.

We open up my locker and I give her the items that were in my locker. She has me write a letter of apology to the store claiming that it was the only way I had a chance of keeping my job. I wrote the letter in detail explaining the situation and my intentions not to steal anything. Then I sign it. Nothing else. She call in the store manager and I am asked to leave the store. They would notify me if I was to return to work.

They called me 3 days later saying that I was terminated. That was 2 YEARS AGO. I now have a great job working full time while attending a state university. Just last week, I got a letter indicating me that a law firm that represents the company that I worked for was ordering me to pay $650 for damages to their store.

My question is: Is there some sort of statute of limitations regarding this matter? This was 2 years ago so how can they come at me now? Not only that, but I wasn't arrested, the police were not notified, and I never signed any papers that I admitted to stealing or attempted to steal any merchandise. How do I go about this? Should I pay the restitution fee? Thanks for your replies.
 


seniorjudge

Senior Member
genius1_2B said:
What is the name of your state? Michigan


When I was 19 years old, I worked for a major sporting good store. The store had really good deals on their merchandise, and because the employees were the first to see the new arrivals, we usually got first picks on the merchandise. The manager's usually let the employees store their unpurchased clothes in the back room by our lockers. Sometimes, you'd come back to find that another employee had took your clothing and put it back on the racks only to have a customer buy it.

So some employees got fed up and started storing their unpurchased clothing in their lockers. Some paid for them and some didn't. I was one of the employees who held my clothes in my locker and paid for them on my lunch break. During my time here with this company, I NEVER STOLE ANYTHING out of the store. I paid for all of my selections...sometimes almost spending my whole paycheck there buying stuff.

TO make a long story short, we had a LOSS PREVENTION MANAGER come in and talk to the employees by having one on one conversations. On this particular visit, I was one of the employees who she wanted to speak with. We talked about the store, about my personal life and where I wanted to go in life. She then starts telling me about the camera devices that store has and what it shows people doing. She said it shows alot of people stealing clothes and they wanted to catch those that were stealing. She then questioned me about whether or not I had ever stolen any merchandise from the retailer store. I told her NO!

She then gets loud and critical with me and asked me what was in my locker. At that point, I remember I had some items in there that I was going to be purchasing once I got my next paycheck. The items totaled no more than $40.

Without hesitation, I told her everything that was in my locker. She then got mad because I assume that she wanted me to lie so that she could send the police in. She kept saying that she was one telephone call away from sending in the officer to arrest me if I didn't admit to stealing any type of merchandise. I told her the truth...that I had never stolen anything from the store and I was sticking to that.

We open up my locker and I give her the items that were in my locker. She has me write a letter of apology to the store claiming that it was the only way I had a chance of keeping my job. I wrote the letter in detail explaining the situation and my intentions not to steal anything. Then I sign it. Nothing else. She call in the store manager and I am asked to leave the store. They would notify me if I was to return to work.

They called me 3 days later saying that I was terminated. That was 2 YEARS AGO. I now have a great job working full time while attending a state university. Just last week, I got a letter indicating me that a law firm that represents the company that I worked for was ordering me to pay $650 for damages to their store.

My question is: Is there some sort of statute of limitations regarding this matter? This was 2 years ago so how can they come at me now? Not only that, but I wasn't arrested, the police were not notified, and I never signed any papers that I admitted to stealing or attempted to steal any merchandise. How do I go about this? Should I pay the restitution fee? Thanks for your replies.

Do you still have a copy of the letter you wrote the store?
 

seniorjudge

Senior Member
genius1_2B said:
I never got a copy of the letter that I wrote. Do you think that they'll use it against me?
I was wondering what you agreed to...but I guess neither of us will ever know.
 

genius1_2B

Junior Member
I didn't agree to anything.

She, the Loss prevention manager, told me to write what I had in my locker. I wrote what I had in my locker, described what the items were in the locker. But towards the end of the letter, without her suggestion, I put in there why I had the merchandise in the locker. I know it was stupid to have put it in my locker, but I even asked her if she had footage of me stealing items and she didn't respond to that question. I told her that I had all of my receipts of my purchases of eveything I had bought from them-and still do today! But she seemed to be uninterested in that.

Does anyone know the statute of limitations for attempted theft in Michigan? Can they really come after you after 2 years of not being with the company to try and force you to pay a restitution amount for their assumed suffering?

From what I have heard on these boards, a petty theft involves anything under $50 dollars and a fine between 5 dollars and 500 dollars. I didn't even admit to stealing anything and they get to go after me for $650? I don't understand it at all. Please help**************.
 

Happy Trails

Senior Member
From Michigan statutes:

600.2953 Retail fraud; liability; civil damages; demand for payment; text; noncompliance; effect of payment; jurisdiction; civil action against parent; formal police report; violation by merchant precluding recovery.

Sec. 2953.

(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under sections 356c and 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

(2) The merchant who is the victim of retail fraud in the first, second, or third degree, or an agent of the merchant, may make a written demand for payment of the amount for which the person who committed the act is liable under subsection (1). Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that the person committed the act and shall approve the accusation in writing before a written demand for payment is issued. The demand for payment may be delivered to the person from whom payment is demanded by first-class mail. The text of the written demand shall be as follows:
"We have cause to believe that on (date) you, or your minor child (child's name), committed retail fraud in the first, second, or third degree by (description of action and property involved) in our store or in its immediate vicinity.
State law authorizes us to demand in writing that you do all of the following, as applicable:
[ ] Return the property in salable condition or pay to us $ ______, which represents the full retail price or the remaining balance of the full retail price of the property.
[ ] Pay to us $ ______, which represents the full retail price of the recovered property that is not in salable condition.
[ ] Pay to us civil damages in an amount equal to 10 times the retail price of the property involved, but not less than $50.00 or more than $200.00, equaling a total amount of $ ______.
This notice is a formal demand for return of the property involved, if applicable, and the payment of the amounts indicated above, equaling a total amount of $ ______. If you return any unrecovered property and pay the amounts indicated above to us within 30 days after the date this notice was mailed, we will not take any further civil action against you.

You are not required to respond to this demand if you believe that you or your minor child are not guilty of committing retail fraud or if you choose not to respond. If you fail to comply with this demand, we will be authorized by state law to bring a civil action against you to determine your legal responsibility for the return of any unrecovered property and the payment of the amounts indicated above plus the cost of the action, including reasonable attorney fees.
These civil proceedings do not prevent criminal prosecution for the alleged act of retail fraud.".

(3) If the person to whom a written demand is made under subsection (2) complies with the written demand within 30 days after the date the written demand is mailed, that person shall incur no further civil liability to the merchant from the act of retail fraud.

(4) A person who commits an act described in subsection (1) and who fails to comply with a written demand under subsection (2) is liable to the merchant for the full retail price of the property, unless the property was recovered in salable condition, plus civil damages of 10 times the retail price of the property but not less than $50.00 or more than $200.00, and costs of the action, including reasonable attorney fees.

(5) If a civil action is filed pursuant to this section and before the trial of the action is commenced the person to whom a written demand was made under subsection (2) pays the merchant in cash the amount demanded, subsection (4) does not apply.

(6) An action under this section may be brought in the small claims division of the district court or in any other court of competent jurisdiction. If the amount demanded exceeds the jurisdiction of the small claims division, the action may still be brought in the small claims division, but the amount recovered shall not exceed the jurisdiction of the small claims division.

(7) A merchant may recover damages in an amount allowable under this section in a civil action in a court of competent jurisdiction against the parent or parents of an unemancipated minor who lives with his or her parent or parents and who commits an act described in subsection (1).

(8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.

(9) Notwithstanding any other provision of this section, a merchant shall not recover civil damages for an act of retail fraud in the first, second, or third degree with regard to a particular item of property if the merchant violated section 3 of 1976 PA 449, MCL 445.353, with regard to that item of property and the violation was not caused by the person who committed the act of retail fraud.

***You should consult with an attorney and have them review the letter.
 

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