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Civil Recovery in Shoplifting Case

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J

jack21

Guest
What is the name of your state? New York
Me, my wife, and my mom were arrested in shoplifting case. We got criminal case dismissed. Now we all recieved letter for Civil Recovery demanding $280 from my mom, and $140 each from me and my wife. I want to know should I pay or not. If I pay, will it make things worse. I want to finish this matter and move on. I need some advice.
 


BelizeBreeze

Senior Member
Keeping it in the family huh?

Geeeez. This belongs in a post from Arkansas.

Now we all recieved letter for Civil Recovery demanding $280 from my mom, and $140 each from me and my wife. I want to know should I pay or not. If I pay, will it make things worse. I want to finish this matter and move on. I need some advice.
You can choose to pay it or not. But if you don't add on the cost of taking you to court, legal fees and on top of that just ticking off the store you decided to steal from.

And yes, it IS legal for the company to recover the cost of your theft.
 

JETX

Senior Member
"I want to know should I pay or not. If I pay, will it make things worse."
*** Yes.... and Yes.

NEW YORK CIVIL SHOPLIFTING LAW
New York General Obligation Law section 11-105 reads in pertinent part:
"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 value of 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 judgment, or collecting the 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 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 statement 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."

The law can be found at:
http://assembly.state.ny.us/leg/?cl=49&a=31
 

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