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Demands made for shoplifting in California

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thesis

Junior Member
What is the name of your state? California

Two weeks ago, I was caught by a Target employee in the process of shoplifting a 35 dollar item. After taking me to a back room and questioning me, the security guards let me go after I made an incriminating statement and signed it. I wouldnt have normally done this, but it seemed as though my cooperation would prevent them from getting the police involved -- and it did. They told me I would receive a "bill" for the item, but this past Saturday I opened an envelope from Target to discover that they are demanding $500. This caught me off-guard because I was expecting a $50 dollar bill at most since it was only a $35 item with which I was caught. Anyway, I dont have a lawyer and would like to avoid paying the $500 demand for a crime that surely doesnt match the punishment, especially since I don't have access to a sum of money that large. The front of the letter from Target reads: ""The State law that authorizes a merchant to recover damages from an individual who has unlawfully taken merchandise from their store is enclosed with this letter.


The amount of this demand is $500.00.


Payment may be made by credit card, chashier's check, money order, or personal check made payable to "AP Recovery." Please print the name and the file number, referenced at the top of this letter, on your payment and mail to the address shown on the payment stub provided.


<In bold> IMPORTANT NOTICE: Payment of this claim is a release of your cival liability, but does not preclude possible criminal prosecution by local law enforcement officials."

West's 490.5 is excerpted on the back of the sheet.

My question, then, is what would be the best way for me to negotiate with target? Should I send them a letter or e-mail? Thank you for any advice that I may receive.
 


BelizeBreeze

Senior Member
thesis said:
What is the name of your state? California

Two weeks ago, I was caught by a Target employee in the process of shoplifting a 35 dollar item. After taking me to a back room and questioning me, the security guards let me go after I made an incriminating statement and signed it. I wouldnt have normally done this, but it seemed as though my cooperation would prevent them from getting the police involved -- and it did. They told me I would receive a "bill" for the item, but this past Saturday I opened an envelope from Target to discover that they are demanding $500. This caught me off-guard because I was expecting a $50 dollar bill at most since it was only a $35 item with which I was caught. Anyway, I dont have a lawyer and would like to avoid paying the $500 demand for a crime that surely doesnt match the punishment, especially since I don't have access to a sum of money that large. The front of the letter from Target reads: ""The State law that authorizes a merchant to recover damages from an individual who has unlawfully taken merchandise from their store is enclosed with this letter.


The amount of this demand is $500.00.


Payment may be made by credit card, chashier's check, money order, or personal check made payable to "AP Recovery." Please print the name and the file number, referenced at the top of this letter, on your payment and mail to the address shown on the payment stub provided.


<In bold> IMPORTANT NOTICE: Payment of this claim is a release of your cival liability, but does not preclude possible criminal prosecution by local law enforcement officials."

West's 490.5 is excerpted on the back of the sheet.

My question, then, is what would be the best way for me to negotiate with target? Should I send them a letter or e-mail? Thank you for any advice that I may receive.
It's called "civil recovery" and it's perfectly legal. It keeps thieves from doing it again.
 

thesis

Junior Member
BelizeBreeze said:
It's called "civil recovery" and it's perfectly legal. It keeps thieves from doing it again.
I understand that it is legal, but I was wondering whether or not I would be able to reduce the demand by negotiating with them somehow. Will they typically just tell me to stop bothering them because they can demand whatever, or is it usually negotiable? Thank you.
 

BelizeBreeze

Senior Member
thesis said:
I understand that it is legal, but I was wondering whether or not I would be able to reduce the demand by negotiating with them somehow.
Yes or No. It's up to the company and frankly, If I were them, I'd tell you to take a flying leap.
Will they typically just tell me to stop bothering them because they can demand whatever, or is it usually negotiable? Thank you.
They will wait until you do not pay then turn the matter over to their attorneys and call the police to file charges.
 

rmet4nzkx

Senior Member
They were just leting you know what your criminal punishment might be if you don't pay the civil recovery
490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a library facility, a person shall be
punished by a mandatory fine of not less than fifty dollars ($50) and
not more than one thousand dollars ($1,000) for each such violation;
and may also be punished by imprisonment in the county jail, not
exceeding six months, or both such fine and imprisonment.
 

Zigner

Senior Member, Non-Attorney
thesis said:
What is the name of your state? California

My question, then, is what would be the best way for me to negotiate with target? Should I send them a letter or e-mail? Thank you for any advice that I may receive.
I think your best bet for negotiations would be to send a letter (regular mail) saying something to the effect of: Enclosed please find a cashier's check in the amount of $500 as full payment of your demand.
Also, be sure to enclose that check!
 

thesis

Junior Member
So the consensus is that I will not be able to reduce the demand even though the item value was below $50? I will try anyway.
 

CdwJava

Senior Member
thesis said:
So the consensus is that I will not be able to reduce the demand even though the item value was below $50? I will try anyway.
You can try, but keep in mind that they are under no obligation to respond. It has been my understanding that most companies will not respond to an attempt to negotiate - probably because once word gets out that they do it, then EVERYONE will. Since they are on solid legal ground to demand what they do, they really don't need to negotiate.

But, ya never know. Just make sure you have the money together by the deadline ... just in case you don't hear from them.

- Carl
 

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