Civil Remedies Act

[blusafire]

What is the name of your state? Florida
My 14 yr old was caught shoplifting a $3.99 item. She has been seen by the State attorney and she has to attend teen court and a two night consequences of Crime class.Also 3 Peer circle sessions and community service project.
We recieved a letter from a law firm saying we had to pay $200.00 civil penalty. If we don't pay, they will consider further civil action, plus higher fees. Is this for real? Can they make us pay? They did not loose any merchandise. Any thoughts?
Thank you!

 

[racer72]

It is perfectly legal. It is a way for retailer to recoup a small part of the losses they suffer due to theft.

 

[badapple40]

What is the name of your state? Florida
My 14 yr old was caught shoplifting a $3.99 item. She has been seen by the State attorney and she has to attend teen court and a two night consequences of Crime class.Also 3 Peer circle sessions and community service project.
We recieved a letter from a law firm saying we had to pay $200.00 civil penalty. If we don't pay, they will consider further civil action, plus higher fees. Is this for real? Can they make us pay? They did not loose any merchandise. Any thoughts?
Thank you!

This would be my response:

Dear ____ (whoever):

I write in response to your $200.00 "civil penalty" demand letter after consulting with counsel. While our (son/daughter) ____ was (convicted/diverted/whatever happened to junior) for the attempted theft of a $3.99 item, the merchandise never left the store that day. Moreover, while Fla. Stat. 741.24 allows for actions against the parents of a minor who "maliciously or willfully destroys or steals property, real, personal, or mixed, belonging to such municipal corporation, county, school district, department of the state, person, partnership, corporation, association, or religious organization", such damages are limited to "the actual damages in addition to taxable court costs."

We are certainly amenable to making, or having our (son/daughter) make whatever restitution is due for actual harm suffered by (store name), however, given the fact that no property was actually stolen, we would like to see what proof you have of actual damages or harm suffered.

In the absense of such proof, we turn your attention to Fla. Stat. 57.105, that provides for attorneys fees for frivolous claims.


Very Truly Yours,


Your name here

 

[badapple40]

It is perfectly legal. It is a way for retailer to recoup a small part of the losses they suffer due to theft.

Umm... I don't think so -- unless they have sustained actual damages. While some states have specific civil theft penalty statutes, Florida is not one of them -- insofar as the current conduct is concerned.

 

[blusafire]

Thank you so much for the advice. I will send a the letter tomorrow. My daughter is very remorseful for her actions. She has never been in trouble before and is a good student. We are thankful for the teen court approach for giving her a chance to stay out of the court system. When she completes everything she will not have a record. We as parents have her on restriction until the end of the school year, also she cannot get her learners permit for at least six more months. We are hopeful that she has learned a lesson from this experience.
Thanks again.

 

[racer72]

Sorry badapple, you are wrong. First, the statute you refer to is family law, not criminal, and does not apply. Second, read Florida Statute 772.11, that would apply in this case. Let's just hope the OP didn't make a fool of themselves sending in the letter you proposed.

 

[blusafire]

Well, I got a response to the letter I sent...Now they want $450.00 within 10 days or we will be served by the sheriff with a suit. Now what?
Racer 72: I wish you would have posted your last response 25 days sooner, because I did send the letter.

 

[racer72]

I wasn't aware of the statute in my last post till a few days ago when someone else from Florida included it in their post. The only thing I can suggest is give law firm a call and see if they will still take the original $200. Maybe print out this thread and tell them you were give bogus advice.

 

[badapple40]

mea culpa, I guess you get what you pay for in legal advice. I did not come upon that statute in my search, sorry! Keep in mind, they still have to prove damages if this goes to trial:

Any person who proves by clear and convincing evidence that he or she has been injured in any fashion...

So they have to show injury in any fashion. Probably, though, they'll be able to argue taking the time out the employees work day constitutes sufficient injury.

I'd just pay the $400 and make junior work it off.

 

[blusafire]

"mea culpa, I guess you get what you pay for in legal advice"? A simple sorry would have sufficed...but to say you get what you pay for.. on a Free Advice forum..well that stinks! You are a lawyer by profession (according to your profile) maybe you shouldn't give advice in a public forum if you are not knowledgable in that area, or don't have the time to verify your findings..Your "mea culpa" just cost me an extra $275.00. At least Racer suggested contacting the lawyers and offer the original amount, which I am going to do this morning.

 

[jpritchett81]

While badapple40 in fact did give bad advice.......did you blusafire at least research the info that was posted to make sure that it was correct/valid???

 

[blusafire]

It wasn't the advice that I had a problem with, it was the remark about you get what you pay for that urked me. I am not a lawyer and don't even pretend to understand the codes. I was looking for some help to understand what my options in the matter were, and this is a free legal advice forum. I settled the matter this morning and payed the original amount of $ 200.00. Legally, I was still in the 30 days of receipt of the first demand letter, so that is what I paid.

 

[blusafire]

Thank you Racer72!

 

[GipRay]

Civil Remedy Issue

My daughter also 14 was in a situation like blusafire. Except that she was shopping with two friends and one of them shoplifted. The other two, my daughter being one, knew nothing about the theft as she was trying on a shirt in the fitting room. Upon joining back up, they left the store into the mall where a security guard stopped them all, pulled them into a room and accused them of the crime.
I as the single parent was never called, notified by the store, Sherrif(who charged the one girl), or anything.

I am now getting harrassing phone calls from an Attorney firm representing the store and recently a letter demanding $450 in a "Civil Remedies" action.
What advice does anyone have as my daughter truly committed No crime and knew nothing about the incident( until she was grabbed outside of the store that is).

 

[blusafire]

I am sorry you and your daughter have to go through this. I would re-post this to its own thread so that it gets the attention it needs. Good Luck!