What is the name of your state (only U.S. law)? California
Hello,
I have a question regarding issues with a shoplifting incident on behalf of an elderly neighbor (no, really, it isn't me--and sorry this is a bit longwinded).
A couple weeks ago she visited a grocery store, paid for her groceries, and exited before being stopped outside by a pair of men who were working as security--an external firm, not store employees--after she was seen taking about a half-dozen butterscotch candies that she didn't pay for.
They took her into a room in the back of the store, and got her license information and had her sign a paper. She told me the room they were in was dimly lit and she told them she didn't have her glasses and couldn't read the paper they wanted her to sign. They told her it was just an admission that she did leave the store without paying for the items noted (which she gave back to them). But they also said she wouldn't be able to leave if she didn't sign it, so she just went ahead and signed it because, she said, she was nervous and embarrassed and just wanted to go home. They provided her with no copy of that paper, nor did they offer to even read it to her. Of course, I told her it was a mistake to have signed something she didn't read first, but what's done is done. Bear in mind this woman is just shy of 80 and is, in my experience, pretty easily rattled when something goes wrong, so her not asking for a copy or refusing to sign the paper isn't surprising.
Yesterday, she received a Civil Demand Letter from the store's hired security firm wanting, unsurprisingly, the absolute maximum amount ($500) they could demand, to apparently, avoid any further issues on the subject. As an aside, to me, this is essentially extortion hoping the individual is more worried about having a shoplifting charge on their record than the exorbitant amount demanded. She told me they asked her if she worked, and I can very easily guess why: much easier to extort an employed person than a retiree.
This woman is living on social security and there is no way in hell she can afford to pay this ridiculous demand. While what she did was...ill advised...what these people are trying to pull is far more noisome since it's calculated and insidious. So I told her I'd try and find some information on what sort of option she might have available to deal with this in a more reasonable manner.
What I'd like to know, then, is would it be smart to contact the grocery store's legal department, manager, or some other representative and attempt to negotiate a direct restitution (say, $50), to close the issue? Obviously, there'd be a signed receipt as to the purpose of the payment and an agreement on the part of the store not to press charges for this incident. I *really* don't want her to have to pay a dime to the parasites that sent her the CDL, if it's avoidable. I understand that they are hired on the store's behalf, but I believe there must be a way around them under these circumstances.
In addition, I'd like to know something should this silliness end up in court if she refuses to pay the demand. Presumably, she would be required to pay a fine and certain fees (she'd have to have a public defender, as well), but would the firm that sent the CDL get awarded anything? I understand the store would be entitled to restitution. And on that matter, the value of the items she took amounted to less than $1. Would restitution be that amount (or whatever's agreed on, I suppose) or does it include some sort of punitive value that the court could award the store?
Essentially, she'd like to reason with the party she offended, so to speak, apologize, pay a reasonable amount to them as part of that apology, and just close the matter directly. How to proceed?
Also, having read this, what do you think the odds would be--in general, of course--that charges would actually be pressed if she refuses to pay the extor...demanded amount, and none of the parties on that side are interested in negotiating that amount to something reasonable, and affordable? I don't see the benefit in the store pressing charges, and going through the rigamarole, if all they can expect is a dollar or two in restitution. Either way, I'd much rather her have to pay the court a fine, than the greedy leeches that sent the CDL (enough so that I offered to reimburse her for anything over $100 she may end up having to pay should she decide to refuse the demand).
Thanks.
domi
Hello,
I have a question regarding issues with a shoplifting incident on behalf of an elderly neighbor (no, really, it isn't me--and sorry this is a bit longwinded).
A couple weeks ago she visited a grocery store, paid for her groceries, and exited before being stopped outside by a pair of men who were working as security--an external firm, not store employees--after she was seen taking about a half-dozen butterscotch candies that she didn't pay for.
They took her into a room in the back of the store, and got her license information and had her sign a paper. She told me the room they were in was dimly lit and she told them she didn't have her glasses and couldn't read the paper they wanted her to sign. They told her it was just an admission that she did leave the store without paying for the items noted (which she gave back to them). But they also said she wouldn't be able to leave if she didn't sign it, so she just went ahead and signed it because, she said, she was nervous and embarrassed and just wanted to go home. They provided her with no copy of that paper, nor did they offer to even read it to her. Of course, I told her it was a mistake to have signed something she didn't read first, but what's done is done. Bear in mind this woman is just shy of 80 and is, in my experience, pretty easily rattled when something goes wrong, so her not asking for a copy or refusing to sign the paper isn't surprising.
Yesterday, she received a Civil Demand Letter from the store's hired security firm wanting, unsurprisingly, the absolute maximum amount ($500) they could demand, to apparently, avoid any further issues on the subject. As an aside, to me, this is essentially extortion hoping the individual is more worried about having a shoplifting charge on their record than the exorbitant amount demanded. She told me they asked her if she worked, and I can very easily guess why: much easier to extort an employed person than a retiree.
This woman is living on social security and there is no way in hell she can afford to pay this ridiculous demand. While what she did was...ill advised...what these people are trying to pull is far more noisome since it's calculated and insidious. So I told her I'd try and find some information on what sort of option she might have available to deal with this in a more reasonable manner.
What I'd like to know, then, is would it be smart to contact the grocery store's legal department, manager, or some other representative and attempt to negotiate a direct restitution (say, $50), to close the issue? Obviously, there'd be a signed receipt as to the purpose of the payment and an agreement on the part of the store not to press charges for this incident. I *really* don't want her to have to pay a dime to the parasites that sent her the CDL, if it's avoidable. I understand that they are hired on the store's behalf, but I believe there must be a way around them under these circumstances.
In addition, I'd like to know something should this silliness end up in court if she refuses to pay the demand. Presumably, she would be required to pay a fine and certain fees (she'd have to have a public defender, as well), but would the firm that sent the CDL get awarded anything? I understand the store would be entitled to restitution. And on that matter, the value of the items she took amounted to less than $1. Would restitution be that amount (or whatever's agreed on, I suppose) or does it include some sort of punitive value that the court could award the store?
Essentially, she'd like to reason with the party she offended, so to speak, apologize, pay a reasonable amount to them as part of that apology, and just close the matter directly. How to proceed?
Also, having read this, what do you think the odds would be--in general, of course--that charges would actually be pressed if she refuses to pay the extor...demanded amount, and none of the parties on that side are interested in negotiating that amount to something reasonable, and affordable? I don't see the benefit in the store pressing charges, and going through the rigamarole, if all they can expect is a dollar or two in restitution. Either way, I'd much rather her have to pay the court a fine, than the greedy leeches that sent the CDL (enough so that I offered to reimburse her for anything over $100 she may end up having to pay should she decide to refuse the demand).
Thanks.
domi