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shoplifting-do we have to pay?

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bethmullen

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Texas


My 15yr old daughter and her 14 yr old friend were stopped for shoplifting and we will have to go to court and before a judge who could fine us $250. I understand the legal part of this, but then the store (Sears) lawyers sent us letters telling us we had 20 days to pay them $275 according to texas civil practice and remedies code section 134.001. But that basically states that IF the trier of fact finds in their (sears) favor, that there were ACTUAL damages, that the trier MAY award damages in a sum not to exceed $1,000. But the police and store security showed us the property totalling $49, and said that there was no damage done to the clothing. The girls were not merandized or arrested. They were given a citation, like a traffic ticket, and we set a court date. So the question is, do we have to pay the $275 being demanded by the lawyers who are representing Sears? No one has found or claimed any damage was done. What do we do?

Mullen
 


bethmullen

Junior Member
shoplifting, lawyers want money, what do we do?

Texas

I live in Texas
My 15yr old daughter and her 14 yr old friend were stopped for shoplifting and we will have to go to court and before a judge who could fine us $250. I understand the legal part of this, but then the store (Sears) lawyers sent us letters telling us we had 20 days to pay them $275 according to texas civil practice and remedies code section 134.001. But that basically states that IF the trier of fact finds in their (sears) favor, that there were ACTUAL damages, that the trier MAY award damages in a sum not to exceed $1,000. But the police and store security showed us the property totalling $49, and said that there was no damage done to the clothing. The girls were not merandized or arrested. They were given a citation, like a traffic ticket, and we set a court date. So the question is, do we have to pay the $275 being demanded by the lawyers who are representing Sears? No one has found or claimed any damage was done. What do we do?

Mullen[/QUOTE]
 

Happy Trails

Senior Member
bethmullen said:
What is the name of your state?What is the name of your state?What is the name of your state? Texas


My 15yr old daughter and her 14 yr old friend were stopped for shoplifting and we will have to go to court and before a judge who could fine us $250. I understand the legal part of this, but then the store (Sears) lawyers sent us letters telling us we had 20 days to pay them $275 according to texas civil practice and remedies code section 134.001. But that basically states that IF the trier of fact finds in their (sears) favor, that there were ACTUAL damages, that the trier MAY award damages in a sum not to exceed $1,000. But the police and store security showed us the property totalling $49, and said that there was no damage done to the clothing. The girls were not merandized or arrested. They were given a citation, like a traffic ticket, and we set a court date. So the question is, do we have to pay the $275 being demanded by the lawyers who are representing Sears? No one has found or claimed any damage was done. What do we do?

Mullen
Yes, you have to pay the civil fine.

The product may have only cost $49.00, but the store incurred expenses such as security guard wages, restocking fees, etc... and of course the big one--attorney fees.
 

racer72

Senior Member
You are misunderstanding the definition of the word damages. In this case, it is the costs associated with recovery of the stolen merchandise, the pay for the loss prevention employees, and the loss of saleability of the merchandise, it can't be sold if it being held as evidence against your daughter. As you see, the retailer is suffering damages as a result of your daughter's actions. And yes, they will sue you if you don't pay, then you can add attorney and court costs.
 

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