Juvenile shoplifting

[dakotaloo]

What is the name of your state?
Massachusetts: My 12 year old daughter tried to walk out of a retail store (Urban Outfitters) with a $10 item in her purse. A person who worked for the store stopped her, and a police officer was brought in. She was issued a warning, and told that she could not enter the store again for a year. No charges were filed. She has never done anything like this before or since.

The incident occurred in April 2005. Since then, we have received over a hundred phone calls from a law office stating that they represent the store, and that we have to pay them a chunk of money. At first, it was $250 (specified in a letter), then it was $500. I have no idea what they would require now. We have never responded to any letter or call.

It seems like a cross between extortion and harrassment for them to try to get us to pay them this money. What is the legal basis of their claim, given that no charges were filed with the police? Our strategy has been to assume that it would cost too much for them to take us to court, and if we just ignore them, eventually they will stop trying to get us to pay the money. Of course, it costs them very little to have an automatic phone machine call us up every night with a recorded message. Any advice?

 

[seniorjudge]

What is the name of your state?
Massachusetts: My 12 year old daughter tried to walk out of a retail store (Urban Outfitters) with a $10 item in her purse. A person who worked for the store stopped her, and a police officer was brought in. She was issued a warning, and told that she could not enter the store again for a year. No charges were filed. She has never done anything like this before or since.

The incident occurred in April 2005. Since then, we have received over a hundred phone calls from a law office stating that they represent the store, and that we have to pay them a chunk of money. At first, it was $250 (specified in a letter), then it was $500. I have no idea what they would require now. We have never responded to any letter or call.

It seems like a cross between extortion and harrassment for them to try to get us to pay them this money. What is the legal basis of their claim, given that no charges were filed with the police? Our strategy has been to assume that it would cost too much for them to take us to court, and if we just ignore them, eventually they will stop trying to get us to pay the money. Of course, it costs them very little to have an automatic phone machine call us up every night with a recorded message. Any advice?

http://www.mass.gov/legis/laws/mgl/266-30a.htm

This is the law on shoplifting.

There may be a statute on restitution. I'm looking.

 

[Neal1421]

What is the name of your state?
Massachusetts: My 12 year old daughter tried to walk out of a retail store (Urban Outfitters) with a $10 item in her purse. A person who worked for the store stopped her, and a police officer was brought in. She was issued a warning, and told that she could not enter the store again for a year. No charges were filed. She has never done anything like this before or since.

The incident occurred in April 2005. Since then, we have received over a hundred phone calls from a law office stating that they represent the store, and that we have to pay them a chunk of money. At first, it was $250 (specified in a letter), then it was $500. I have no idea what they would require now. We have never responded to any letter or call.

It seems like a cross between extortion and harrassment for them to try to get us to pay them this money. What is the legal basis of their claim, given that no charges were filed with the police? Our strategy has been to assume that it would cost too much for them to take us to court, and if we just ignore them, eventually they will stop trying to get us to pay the money. Of course, it costs them very little to have an automatic phone machine call us up every night with a recorded message. Any advice?

Based on the link posted, there are within their legal rights to charge the $250 for restitution so you should respond to the letter or phone calls that you are giving. They don't have to file charges against your daughter to get restitution. It probably will not go away until you answer the calls or letters.
Your daughter committed the crime so it has to have some sort of reprecussions, don't you think?


"CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 30A Shoplifting; penalty; arrest without warrant

Section 30A. Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or

any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or

where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

If the retail value of the goods obtained is less than one hundred dollars, this section shall apply to the exclusion of section thirty."

 

[Happy Trails]

It seems like a cross between extortion and harrassment for them to try to get us to pay them this money. ***I can see why it would appear that way. However if your state allows the merchant to recover damages, then that's the way it is.

What is the legal basis of their claim, given that no charges were filed with the police? ***Basis of their claim!? They really don't like people taking items without paying for them and would really like to send them a message as well as prevent getting ripped off in the future.

Our strategy has been to assume that it would cost too much for them to take us to court, and if we just ignore them, eventually they will stop trying to get us to pay the money. ***Not a good idea.

Of course, it costs them very little to have an automatic phone machine call us up every night with a recorded message. Any advice?

They could still pursue criminal charges against your daughter.

Quit ignoring them or you will most likely not like the final result. (Daughter will have fines and a criminal record.)

You should work it out with the company and have your daughter pay you back. Ignoring this will not make it go away.

Info. link only:
http://www.masscriminaldefense.com/shoplifting.htm

 

[seniorjudge]

What is the name of your state?
Massachusetts: My 12 year old daughter tried to walk out of a retail store (Urban Outfitters) with a $10 item in her purse. A person who worked for the store stopped her, and a police officer was brought in. She was issued a warning, and told that she could not enter the store again for a year. No charges were filed. She has never done anything like this before or since.

The incident occurred in April 2005. Since then, we have received over a hundred phone calls from a law office stating that they represent the store, and that we have to pay them a chunk of money. At first, it was $250 (specified in a letter), then it was $500. I have no idea what they would require now. We have never responded to any letter or call.

It seems like a cross between extortion and harrassment for them to try to get us to pay them this money. What is the legal basis of their claim, given that no charges were filed with the police? Our strategy has been to assume that it would cost too much for them to take us to court, and if we just ignore them, eventually they will stop trying to get us to pay the money. Of course, it costs them very little to have an automatic phone machine call us up every night with a recorded message. Any advice?

Q: Any advice?

A: Ground your daughter until she is at least thirty-six.

 

[snostar]

You are not setting a very good example by brushing this issue aside. Address it, pay the fine, ground her and make her clean the toilets for a year.

 

[jpritchett81]

You are not setting a very good example by brushing this issue aside. Address it, pay the fine, ground her and make her clean the toilets for a year.

With a toothbrush!!!!