shoplifting grocery store DO NOT UNDERSTAND

[randomkindness]

What is the name of your state? Connecticut

Last fall,a friend was stopped while exiting a grocery store, she had just checked out purchasing a cart full of groceries totaling 95.00. She left 4 items totaling 10 dollars in the seat of the cart, her jacket over them. She says she "missed" them, store security took her personal information and had her sign a form she would never enter the store again. They did not call police and she was not arrested.

Today, she received a letter from a "retail recovery" firm stating they are acting on behalf of the supermarket and that it appears she "attempted to take store property w/o the retailer's consent." The amount was $10.04.

The firm is demanding punitive damages of $200.00 to "fully settle this claim". The firm is calling this demand a "debt".

The question at hand is, if she was not charged with a crime and the police were not called, what is going on here? What exactly "happened"?

Should she pay this money or should she dispute this? They do give her an option to dispute.

Is this a criminal case?

 

[BelizeBreeze]

It's called civil recovery and the store is well within their right to demand the payment.

And yes, she can dispute. and lose.

 

[randomkindness]

Specifically, the question is is ther any criminal action/involvement in this? If she was not charged, how can she be sued with a civil suit?

 

[Happy Trails]

What is the name of your state? Connecticut

Last fall,a friend was stopped while exiting a grocery store, she had just checked out purchasing a cart full of groceries totaling 95.00. She left 4 items totaling 10 dollars in the seat of the cart, her jacket over them. She says she "missed" them, store security took her personal information and had her sign a form she would never enter the store again. They did not call police and she was not arrested.

Today, she received a letter from a "retail recovery" firm stating they are acting on behalf of the supermarket and that it appears she "attempted to take store property w/o the retailer's consent." The amount was $10.04.

The firm is demanding punitive damages of $200.00 to "fully settle this claim". The firm is calling this demand a "debt".

The question at hand is, if she was not charged with a crime and the police were not called, what is going on here? What exactly "happened"?

Should she pay this money or should she dispute this? They do give her an option to dispute.

Is this a criminal case?

No, it isn't a criminal case, unless they do decide to press charges. As BB stated, this is a civil fine.

You can run a search in this forum using that term. It is legal.

 

[StickyFingers]

Specifically, the question is is ther any criminal action/involvement in this? If she was not charged, how can she be sued with a civil suit?

Being charged criminally is not a prerequisite to being sued civilly. Have you not heard of small claims court?

 

[randomkindness]

Happy Trails, she feels that paying the fine would be the same as saying she is guilty. Is this so? Also, if she pays the fine, is there still leverage for the store to criminally charge her or does a civil suit finalize all proceedings?

Thank You for your responses.

 

[randomkindness]

Being charged criminally is not a prerequisite to being sued civilly. Have you not heard of small claims court?

I appreciate your response Sticky, but not the sarcasm. Yes, I have heard of small claims court but I admit I am not familiar with the proceddings/technicalities. That is why I came here asking of people who probably are a bit more enlightened on this subject than I myself am.

Law is not my thing, ask me about the flu and I can help you out, I'm a nurse.

 

[BelizeBreeze]

Sticky was not being sarcastic. He was making a point.

Tell your friend to take the letter to an attorney and have the attorney negotiate a release of all future and current liability as to the incident.

This will relinquish the company's right to file charges once the fine is paid.

 

[Happy Trails]

Happy Trails, she feels that paying the fine would be the same as saying she is guilty. Is this so? Also, if she pays the fine, is there still leverage for the store to criminally charge her or does a civil suit finalize all proceedings?

Thank You for your responses.

Good post Breezy.

 

[randomkindness]

Sticky was not being sarcastic. He was making a point.

Tell your friend to take the letter to an attorney and have the attorney negotiate a release of all future and current liability as to the incident.

This will relinquish the company's right to file charges once the fine is paid.

fair enough, had not even thought to advise her of that idea. Hopefully, the company will do so.

 

[BelizeBreeze]

Good post Breezy.

awwww shucks

 

[StickyFingers]

I appreciate your response Sticky, but not the sarcasm. Yes, I have heard of small claims court but I admit I am not familiar with the proceddings/technicalities. That is why I came here asking of people who probably are a bit more enlightened on this subject than I myself am.

Law is not my thing, ask me about the flu and I can help you out, I'm a nurse.

Well maybe you might could be of assistance in the Med-Mal forum.

Your welcome...and I can not 'help' the tone in which you perceive my posts. Although I have been told on occasion that I do come off sarcastic..even when it was not my intention. (few and far between...I mostly intend to be sarcastic )

In your case..I don't buy the story given. That "OH!..I forgot it was under my sweater/jacket/baby carrier/kids jackets...etc"..Is one of the oldest excuses in the books!

Tell your friend to pay the fine...learn her lesson..and don't try it again!

PS...I am a "She" Belize

 

[BelizeBreeze]

Well maybe you might could be of assistance in the Med-Mal forum.

Your welcome...and I can not 'help' the tone in which you perceive my posts. Although I have been told on occasion that I do come off sarcastic..even when it was not my intention. (few and far between...I mostly intend to be sarcastic )

In your case..I don't buy the story given. That "OH!..I forgot it was under my sweater/jacket/baby carrier/kids jackets...etc"..Is one of the oldest excuses in the books!

Tell your friend to pay the fine...learn her lesson..and don't try it again!

PS...I am a "She" Belize

Prove it

 

[StickyFingers]

Prove it

I would love to, However I am currently exchanging pics with a wonderful man from Hong Kong. He has sent me a recent email that is a different version of the Nigerian 419 scam. I am having fun, but have little spare time to send pics elsewhere.

I am currently the only individual within the United States with such financial means to expand his real estate acquirements. With the exchange rate of foreign currency...I am sure that you know how much my services can offer.

Having too much fun here...With very little time. Seems my fine Hong Kong friend needs to send emails at least a dozen or so times a day. Where I am only obliged to reply.

 

[BelizeBreeze]

You may not expand my financial resources but my hither regions might expand exponentially