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Shopplifting By Mistake

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Annon72

Junior Member
What is the name of your state? CA
Hello, I know this may sound like an excuse but I was at Home Depot and I was looking for drill bits. I had brought some bits from home to check the size and had several in my pocket. I accidentally had one of their bits in my pocket and when I went to pay the alarm went off. I explained what happened to the security guard who asked me to come to the back room with him. There he explained that I would not be charged and that I would have to sign a paper stating that I had been caught trying to take merchandise from the store without paying. He said that nothing would happen to me. A month later, I recieved a letter from a Law Firm stating that I would have to pay $500 to the Law Office.
The drill bit was $4 and it was a mistake. I even purchased a drill bit that day and forgot about the one I had put in my pocket. Now they want me to pay $500. Im not sure what my rights are as I have never been arrested for anything before. It was an honest mistake. I would hate to have to pay $500 for a $4 drill bit that I wasnt trying to steal in the first place. Any help would be appreciated. What should I do?
Thanks
 


cbg

I'm a Northern Girl
Even assuming I believe your story (and I'm not saying I don't) do you understand that just about everyone who gets caught shoplifting says exactly the same things you are saying? Why should they believe you are any different than the last five, or ten, or twenty five, people they found with merchandise in their pockets?
 

Annon72

Junior Member
Thanks for your reply.
Im sure everyone says the same thing which I guess will be a problem for me. By the letter of the law however, it doesnt matter if I knowingly or unknowingly stole the drill bit as I would still be guilty of shopplifting, which I am admitting to. Even if I had intentionally stole a $4 drill bit while legitimatley buying one, I still would be guilty.
I guess my question is, do i still have to pay the $500 fine? What would happen if I didnt pay the fee? Wouldnt they have to take me to court for a $4 drill bit? If I went to court, what would I have to pay in fines? Would they really go to court and press charges over such a small item that I stole on accident? Im kinda hoping that this will all just go away. I dont mind paying a small fee but $500 seems crazy. The store security guard said they wouldnt press charges so I feel like this law firm is just trying to make some money off of my stupid mistake.
Thanks for any advice.
 
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Veronica1228

Senior Member
Annon72 said:
Thanks for your reply.
Im sure everyone says the same thing which I guess will be a problem for me. By the letter of the law however, it doesnt matter if I knowingly or unknowingly stole the drill bit as I would still be guilty of shopplifting, which I am admitting to. Even if I had intentionally stole a $4 drill bit while legitimatley buying one, I still would be guilty.
I guess my question is, do i still have to pay the $500 fine? What would happen if I didnt pay the fee? Wouldnt they have to take me to court for a $4 drill bit? If I went to court, what would I have to pay in fines? Would they really go to court and press charges over such a small item that I stole on accident? Im kinda hoping that this will all just go away. I dont mind paying a small fee but $500 seems crazy. The store security guard said they wouldnt press charges so I feel like this law firm is just trying to make some money off of my stupid mistake.
Thanks for any advice.
What kind of letter did you get from the law office? What does it say? You don't have to type it out verbatim. Just the highlights.
 

Annon72

Junior Member
The letter is on letterhead from the law offices of...
It basically says that they represent Home Depot in their claim against me in connection with the incident pursuant to Cal. Penal code section 490.5 b and c. They are demanding a payment of $500 but it doesnt say for what.
"In the event a lawsuit is filed, you would be served by the sheriff to appear in court to defend the action. If our client files a lawsuit against you and prevails, we estimate that our client would seek a final judgement of damages and attorney's fees and court costs in excess of the amount demanded herein."
Credit card accepted, se habla espanol.
Sounds like they are trying to get me to pay something equivilent to a civil fine but without going to trial. Do they have the power to fine me as an attorney? Doesnt the court only have the power to fine me? Do you think they will press charges over a $4 drill bit?

Thanks.
 

Veronica1228

Senior Member
Annon72 said:
The letter is on letterhead from the law offices of...
It basically says that they represent Home Depot in their claim against me in connection with the incident pursuant to Cal. Penal code section 490.5 b and c. They are demanding a payment of $500 but it doesnt say for what.
"In the event a lawsuit is filed, you would be served by the sheriff to appear in court to defend the action. If our client files a lawsuit against you and prevails, we estimate that our client would seek a final judgement of damages and attorney's fees and court costs in excess of the amount demanded herein."
Credit card accepted, se habla espanol.
Sounds like they are trying to get me to pay something equivilent to a civil fine but without going to trial. Do they have the power to fine me as an attorney? Doesnt the court only have the power to fine me? Do you think they will press charges over a $4 drill bit?

Thanks.
Sounds to me like it is a store policy to do this. The law office doesn't have any power to enforce this charge, but as they state in the letter, if you don't pay up they will take you to court.

Will they really do it? Your guess is as good as mine, but in many states it is against the law to make these types of statements unless they plan to follow through with it. In fact it is in violation of the FDCPA which may apply here since it sounds like the law office is acting as a CA for Home Depot.
 

corrupt copper

Junior Member
i used to work as a loss prevention officer, and a lot of them get extra $$ for the apprehension. He basically screwed you, but why sign anything?


also, shoplifting apprehensions require 4 points, and it looks like he had zero. I would fight this if i was in your position.
 

CdwJava

Senior Member
Annon72 said:
What is the name of your state? CA
Hello, I know this may sound like an excuse but I was at Home Depot and I was looking for drill bits. I had brought some bits from home to check the size and had several in my pocket. I accidentally had one of their bits in my pocket and when I went to pay the alarm went off. I explained what happened to the security guard who asked me to come to the back room with him. There he explained that I would not be charged and that I would have to sign a paper stating that I had been caught trying to take merchandise from the store without paying. He said that nothing would happen to me. A month later, I recieved a letter from a Law Firm stating that I would have to pay $500 to the Law Office.
The drill bit was $4 and it was a mistake. I even purchased a drill bit that day and forgot about the one I had put in my pocket. Now they want me to pay $500. Im not sure what my rights are as I have never been arrested for anything before. It was an honest mistake. I would hate to have to pay $500 for a $4 drill bit that I wasnt trying to steal in the first place. Any help would be appreciated. What should I do?
Thanks
This could be a civil assessment from Home Depot - though that seems a tad steep for a civil assessment. The highest I have heard about in CA is $350 ... maybe they can now tack on collections fees.

Yes, they MAY demand this civil assessment from you. Yes, the MAY file criminal charges against you if you do not pay them (they likely won't, but there may be nothing that precludes them from doing so ... and I have never seen it happen). Yes, they MAY try to sue you for the assessment and their costs to go to trial ... though I suspect they won't. What you have to ask yourself is: "Do I feel lucky?"

- Carl
 

bigbarkingdog

Junior Member
Annon72 said:
What is the name of your state? CA
Hello, I know this may sound like an excuse but I was at Home Depot and I was looking for drill bits. I had brought some bits from home to check the size and had several in my pocket. I accidentally had one of their bits in my pocket and when I went to pay the alarm went off. I explained what happened to the security guard who asked me to come to the back room with him. There he explained that I would not be charged and that I would have to sign a paper stating that I had been caught trying to take merchandise from the store without paying. He said that nothing would happen to me. A month later, I recieved a letter from a Law Firm stating that I would have to pay $500 to the Law Office.
The drill bit was $4 and it was a mistake. I even purchased a drill bit that day and forgot about the one I had put in my pocket. Now they want me to pay $500. Im not sure what my rights are as I have never been arrested for anything before. It was an honest mistake. I would hate to have to pay $500 for a $4 drill bit that I wasnt trying to steal in the first place. Any help would be appreciated. What should I do?
Thanks

Ive accidently shoplifted a pack of gum before by stopping to read a magazine. Your hands get busy and you just subconsciously put the item in your hand in your pocket.

Giving you the benefit of the doubt here Id suggest try contacting Home Depots corporate office directly. Explain to them what happened. Personally speaking if I was honestly not shop lifting I would have told the guard to go to hell before signing that. But I can also see why some people would for various reasons.

So why did you sign?
 

Annon72

Junior Member
I signed the document because he said it wasnt an admition of guilt but just saying that I was stopped because I had merchandise that I didnt pay for. I guess thats pretty much the same thing though as being guilty. Damn! I havent heard from them for a few weeks now so I hope this all blows over. I guess I can show them the receipt of the drill bit I actually bought before they stopped me walking out of the store but that doesnt really prove that I wasnt trying to steal a $4 drill bit, just that I bought two others and tried to steal one.
 

CdwJava

Senior Member
What generally happens if you refuse to sign is that they call the police and sign a citizen's arrest for the shoplifting. So, signing keeps it in the realm of the civil arena ... failure to sign means it becomes a criminal matter AND they can still get their assessment money.

- Carl
 

elech39

Junior Member
Home Depot dispair

I live in RI. In early June, I had an incident just as you describe: Went in, bought drywall and screws (spent $78) and inadvertantly walked out with a pair of STAINED, SOILED, USED work gloves that were atop the drywall. Set them in my open purse so they wouldn't fall behind the pile, with intention of giving them to the cashire. Got out of the store and was just about to turn around to take them back in, and a large man sandwiched me between himself and my drywall dolly, and told me I'd have to go to the LP office. I did. I signed the waiver, in shock. After numerous assurances that this waiver would never leave the office I was in, I received a lawyers' letter from Fl., suing me for $350 (even though what I left with was used and a non-saleable item~ and I apologetically gave them back to the man). I have an attorney who said the statute of limitations will likely pass before the case is heard. Yesterday there was a bit in northern Ma. about a man who walked out of a HD with a **PENCIL** that he did not pay for, and he had to sign a paper banning him from the store for a year. If you use a search engine and type in "home depot" pencil, you should get a link to the article. Good luck! Let me know what happens? Thanks.
-Elizabeth.
 

Kane

Member
I'm not from CA, and my state doesn't have these civil sanctions on the books that other states seem to have.

So take that into account.

Having said that, there's no freaking way I'd pay $500 for a $4 bit I accidently took out of the store.

In the first place, if you didn't take it knowingly or intentionally, you're not guilty (check the CA law to be sure, but if it includes "knowingly" or "intentionally" and you didn't do that, you're not guilty of theft.)

In the second place, $500 is probably the maximum they can get, even if they go to trial and win. There's no way I'm settling for the max. And there's no way they're sending an attorney to court over a $4 drill bit.

Do nothing unless or until they actually serve you with process. If you do get served, file a "General Denial" or whatever they call it in CA, and show up when your case is set.

I'll bet dollars to donuts no judge or jury is going to fine you $500 over a $4 bit. Especially if you're the slightest bit credible about not knowing it was there. And that's if it actually goes to court.


Put it this way: somebody figured out they can make $500 by sending out a letter under a $0.37 stamp.

It's bad to encourage that kind of thinking.
 
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Annon72

Junior Member
Hey elech39

Well its been 5 months since the incident and the letters from the Lawyers saying that I have to pay stopped coming. I suspect its a way for them to make a little extra cash. I figure if they are going to press charges and take me to court over 4 dollars, then let them. Im not paying $500 for a brain fart and especially if I bought something at the store. So far so good. The letters have stopped and I havent heard anything further. I just feel bad for those that get scared and send the money right away without investigating the options, but the letter is pretty scary. I would just do the same and wait it out. I figure if they do end up pressing charges, it would take them so long to get their case together that you would end up passing the statute.
 

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