shoplifting

[ncmom18]

What is the name of your state (only U.S. law)? North Carolina
My 20 year old daughter, college and honor student, did a very stupid thing. She wanted to compare colors for window treatments she was buying, so she took into Walmart blinds she had already purchased, in a Walmart bag, without a receipt. She took the blinds out of the bag to compare the colors and then put it back into the bag. At that point someone came over and accused her of shoplifting. She was taken into an office and interrogated. They took down her personal info. Apparently they believed her and let her go. No charges, no police. Next thing we know we receive a letter in the mail from a law firm concerning a civil claim by Walmart in connection with this incident. They demand $150 within 20 days from the date of the receipt of the notice. It also said she has the right to contest her liabilty in court. What do we do now? She is so upset by this. Does this go on some sort of record? She never signed anything while she was there stating that she was guilty in any way.

[Antigone*of*Greece]

Originally Posted by ncmom18

What is the name of your state (only U.S. law)? North Carolina
My 20 year old daughter, college and honor student, did a very stupid thing. She wanted to compare colors for window treatments she was buying, so she took into Walmart blinds she had already purchased, in a Walmart bag, without a receipt. She took the blinds out of the bag to compare the colors and then put it back into the bag. At that point someone came over and accused her of shoplifting. She was taken into an office and interrogated. They took down her personal info. Apparently they believed her and let her go. No charges, no police. Next thing we know we receive a letter in the mail from a law firm concerning a civil claim by Walmart in connection with this incident. They demand $150 within 20 days from the date of the receipt of the notice. It also said she has the right to contest her liabilty in court. What do we do now?

The civil demand is perfectly legal. If she does not want to pay the demand she wait until they take her to court. Just be mindful that if could be way more expensive for her if she decides to take that route.

[dave33]

Absolutely get an attorney. If she is innocent and detained in the store, this leaves the store vulnerable to a civil suit. In my state, an incident like this almost always ends in monetary gain and the lawyers take such cases on contingency.goodluck.

[ncmom18]

Thank you for your replies. The only problem is that I can not find the original receipt for the blinds, which is our only proof that it was paid for. If they went over the surveillance tapes it would show her bringing the bag into the store, but how long do they keep these tapes? The incident happened the beginning of September. The store manager believed her and told her not to worry about it. There was another man, not a Walmart employee but a hired loss prevention person, who was very nasty to her. When she called the store back today to find out what happened, they said that he must have filed the incident with corporate, because they have no record of it at the store.

[dave33]

At this point you have nothing to prove. You were not required to show a receipt then, why now? No action was taken against you. They are saying they have no record of it because they realize they made a mistake, and do not want to be held liable. They sent you a fine, hoping you would pay and by doing so admitting guilt therefor relieving them of any liability. goodluck.

[ncmom18]

Thank you. I appreciate your help and concern. I have been thinking about it all night, and it just burns me up how they can treat a person. I have taken items into stores many times to compare colors, etc., and never had a problem. My daughter is mixed, so it seems like racial profiling to me. She just wants the whole thing to be over and pay the fine. I want to fight it. Pay $150 for doing nothing wrong, other that being stupid enough not to have a receipt with you? I can't swallow that one. That is an expensive lesson to me. It was bad enough the emotional torture that man put her through at the store.

[Indiana Filer]

Isn't wal-mart one of the stores where the greeters put a sticker on any merchandise you bring into the store with you? Did she show the blinds to the greeter and get that sticker?

[Hisbabygirl77]

Originally Posted by ncmom18

Thank you. I appreciate your help and concern. I have been thinking about it all night, and it just burns me up how they can treat a person. I have taken items into stores many times to compare colors, etc., and never had a problem. My daughter is mixed, so it seems like racial profiling to me. She just wants the whole thing to be over and pay the fine. I want to fight it. Pay $150 for doing nothing wrong, other that being stupid enough not to have a receipt with you? I can't swallow that one. That is an expensive lesson to me. It was bad enough the emotional torture that man put her through at the store.

Were the blinds paid for with a credit card, bank card or check?

[ncmom18]

I asked her about that. She said there was a handicapped person there just saying hello to everyone coming in. No one inspected the bag. That SHOULD have been done. Makes me wonder, did this loss prevention guy have a quota to meet? We paid for it with cash, unfortunately. She is a busy college student who had the bag in the back of her car for whenever she had the spare moment to go shopping. She told me she will never step foot in a Walmart again. I don't blame her.

[outonbail]

Now, for the question that hasn't been asked,
Did they allow her to leave with the blind she claimed was hers and that she brought with her to compare colors?

If the answer is no, then they did not believe her story. If she just wants to pay the civil fine so this is over and all behind her, then I don't believe her story either.

[steel9]

I believe your daughter but tell her to not pay the fine. By paying the fine admits guilt & walmart is nasty & greedy. Shes not the only one they have done this too. Fight it if it ends up in court. Always keep receipts for a min of 90 days. Protect yourself.

[apprehended]

Originally Posted by outonbail

If she just wants to pay the civil fine so this is over and all behind her, then I don't believe her story either.

For those who have not ever personally been through the experience of having been detained by store security, they may not realize that it is completely humiliating and very upsetting and even when you are completely innocent there can be a strong desire to just try to put the experience behind you and move on. Also, a civil demand letter may include a statement that if it is not paid, attorney fees can be added if it goes to court, which may turn a $150 demand into a bill many times that later. Backing down in the face of intimidation may not be courageous, but it is human and understandable. So, I would not take your daughter's willingness to pay the demand as an indication of guilt.

I recommend, however, consulting an attorney before paying the demand. Even though you believe no criminal charges have been filed, the fact that your daughter was released without charges does not necessarily mean that she can't be charged later. Trust me. I know. Also, some people think that payment of a civil demand can be used against your daughter in a later criminal suit as an admission of guilt. Others say no. I don't know how that comes out, but an attorney can help you and your daughter with that too. An attorney can perhaps help you make sure that the store commits not to filing criminal charges if the demand is paid or at least make sure that there is something in the papers where it is agreed that the payment is a compromise and is not to be considered an admission of guilt.

Good luck to you and your daughter.

[Zigner]

Originally Posted by dave33

Absolutely get an attorney. If she is innocent and detained in the store, this leaves the store vulnerable to a civil suit. In my state, an incident like this almost always ends in monetary gain and the lawyers take such cases on contingency.goodluck.

I disagree. The store has the right to reasonably detain somebody they reasonably believe to have committed shoplifting.

[ncmom18]

Yes, she left with the blinds in the package she came into the store with. Apprehended, you know exactly how she is feeling right now. I appreciate your thoughtful words. She is at the point where she doesn't want to talk about it anymore. She is under a lot of stress from college, and doesn't want to add any more to her plate.

[outonbail]

If she was allowed to leave with the blinds (and not required to pay for them a second time) then she should absolutely refuse to pay the civil demand.

She should have a local attorney draft a letter to the people demanding payment of the civil penalty, informing them that she will not be paying this unsupported civil assessment, because the store personnel, after detaining their client for a considerable period of time, determined there was no wrongdoing on the part of their client. The store has already inconvenienced their client and caused a considerable amount of embarrassment which was undeserved as it arose through no fault of their client yada yada yada.

It should cost her less to have an attorney draw up a letter than WalMart is asking her to pay for all the embarrassment and inconvenience she has already suffered as a result of WalMart's mistake.

They should be sending her a gift card, not a demand for civil payment.

She should also be sure to provide the attorney with the name of the other employees who were aware of the situation and who told her they have no record of the incident as they may want to include this for verification purposes.