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
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