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Son (17) caught shoplifting

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LI Rookies

Junior Member
NY.....New York
JUST THE FACTS MAM....
He was caught with ~ $250.00 worth of merchandise.
Macy's called us and told us if we brought $500.00 with us, they would not have the kid arrested.
When we arrived, the police were there questioning the kid with the store manager writing his occurance report. Of course we were surprised to see the police and objected to them questioning our son.
He was arrested (due to the fact that macy's called them) and needless to say, we voiced our opinion of the "shake-down call from them. It was not the first time the P.O.'s had heard a Macy's employer making one of these calls as they also objected to the manager about their procedures.
The kid took an eight hour shoplifting course before the court date and received his certificate of completion.
He pleaded down to disorderly conduct, no fine and a $95.00 court charge.
Here's the Problem & Question section:
We have been receiving letters from attorneys from macys for the payment of the articles that were attempted to be stolen from them. (they kept the items, which were not ruined and were folded when we saw them)
They have increased the amount due to them with each passing letter sent. I am expecting the third letter in about 10 days.

I have read the NY CLS General Obligations Law 11-105 and as i see it, Macy's is not entitled to anything more than the amount of the attempted stolen merchandise ($250) as well as a penalty of no more than $500.00.

My question's are....
Am I understanding this correctly or am I in for a surprise?
Doesn't Macy's need to file a summons of complaint against us?
Will they file one for an amount as little as this (especially since no merchandise was lost?
Should we answer these letter's or just ignore them until something we receive a summons?What is the name of your state?
 


racer72

Senior Member
Am I understanding this correctly or am I in for a surprise?
Don't open any gifts in the near future.

Doesn't Macy's need to file a summons of complaint against us?
Nope. It is call a civil penalty, it is allowed by New York law. If you don't pay they will likely sue, then you get to pay court costs and attorney fees too.

Will they file one for an amount as little as this (especially since no merchandise was lost?
The problem is the merchandise that was taken can't be sold, it must be held for evidence in case there is a criminal case. This is merchandise the retailer must place in storage. By the time the merchandise can be sold, it's value is likely much less than the day it was taken. I buy theft held items from a couple of retailers and sell the stuff on eBay, I pay a few cents on the dollar for the merchandise and it usually sells for 10 to 50 percent of it's original retail value.

Also, $250 is a lot to a retailer. How much would it cost the retailer if they catch one or two shoplifters a day. In a years time you are talking thousands of dollars. That is why they go after everyone, no matter the value of the stuff that is stolen.


Should we answer these letter's or just ignore them until something we receive a summons?
That is entirely up to you. Do you feel lucky?
 

LI Rookies

Junior Member
Thanks for the reply......
what do you think about contacting them and offering to pay the $250......what about the escalation of penalties? can i also request the property? I know i can request the property so I guess my q is, what are the chances of getting it?
 

Some Random Guy

Senior Member
S 11-105. Larceny in mercantile establishments. 1. When used in this
section, the term "mercantile establishment" shall mean a place or
vehicle where goods, wares or merchandise are offered for sale or a
place or vehicle from which deliveries of goods, wares or merchandise
are made.
2. When used in this section, the term "larceny" is an act heretofore
defined or known as common law larceny by trespassory taking as defined
in paragraph (a) of subdivision two of section 155.05 of the penal law
committed against the property of a mercantile establishment.
3. When used in this section, the term "emancipated minor" shall mean
a person who was over the age of sixteen at the time of the alleged
larceny and who was no longer a dependent of or in the custody of a
parent or legal guardian.
4. In any proceeding brought under this section the burden of proof
shall be by a preponderance of the evidence.
5. An adult or emancipated minor who commits larceny against the
property of a mercantile establishment shall be civilly liable to the
operator of such establishment in an amount consisting of:
(a) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however, that in
no event shall such penalty exceed five hundred dollars.
6. Parents or legal guardians of an unemancipated minor shall be
civilly liable for said minor who commits larceny against the property
of a mercantile establishment to the operator of such establishment in
an amount consisting of:
(a) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however, that in
no event shall such penalty exceed five hundred dollars.
7. A conviction or a plea of guilty for committing larceny is not a
prerequisite to the bringing of a civil suit, obtaining a judgment, or
collecting that judgment under this section.
8. The fact that an operator of a mercantile establishment may bring
an action against an individual as provided in this section shall not
limit the right of such merchant to demand, orally or in writing, that a
person who is liable for damages and penalties under this section remit
the damages and penalties prior to the commencement of any legal action.
9. In any action brought under subdivision six of this section, the
court shall consider in the interest of justice mitigating circumstances
that bear directly upon the actions of the parent or legal guardian in
supervising the unemancipated minor who committed the larceny.
10. An action for recovery of damages and penalties under this section
may be brought in any court of competent jurisdiction.
11. The provisions of this section shall not be construed to prohibit
or limit any other cause of action which an operator of a mercantile
establishment may have against a person who unlawfully takes merchandise
from the mercantile establishment.
12. Any testimony or statements of the defendant or unemancipated
minor child of the defendant or any evidence derived from an attempt to
reach a civil settlement or from a civil proceeding brought under this
section shall be inadmissible in any other court proceeding relating to
such larceny.

-----

Unlike other states, this law does not appear to include the right to add in collection costs to the amount owed. As mentioned previously, if they sue, then you may be found liable for extra costs.

Offer to pay them the $250 and get any deal in writing before you pay them.
 

LI Rookies

Junior Member
thanks again for the replies**************i did read the law prior to the post of Some Random Guy....can anyone explain the escalating penalty clauses? Is $500 the most they can raise it to and is that for each item or for the single act of theft? peace.....
 

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