shoplifting

my son was caught shoplifting on may 10, 1997. he was
stopped by the stores secuity and held until his
father came to get him.. he was 14 years of age at the time. security said he seemed like a good kid, but it was
not up to him to prosecute. we would hear from the store the next day if additional action was to be taken. we
heard nothing until we received a letter from a law firm
representing the store dated dec.26,2000. they are demanding payment of 385.00 within 10 days of this letter.
my question is can they wait almost four years to proceed with this claim? the letter from this law firm stated
"you have failed to make payment after written demand to do so". we received nothing and we are at the same address. we talked to the law firm twice and they said it did not matter if we did not get a prior letter. they were recently hired by the store because the law firm they were using was doing nothing and they intended to collect even if they have to take us to court... what should i do???
this happened in georgia, cobb county. Iwould not have a problem with this if they advised us soon after it happened.
thanks

[Edited by r.white on 01-11-2001 at 01:35 PM]

What is the amount for?

I would tell them to pound sand. Unless your juvenile child 'damaged' them maliciously or negligently (shoplifting is a crime (not a civil action), they have absolutely no claim to damages from you.

If they do decide to sue you, then you might have a good case for malicious prosecution against the store (and the law firm).

Personally, I wouldn't worry about their scare tactics.

Steve, I agree with your view on shoplifting except in my opinion, the store does have a civil not criminal cause of action against the boy.
Many stores decline to press charges in exchange for payment of restitution. Although I do not know the actual events that transpired in this case, I do know that the store may have been damaged as a result of the shoplifting action.
Such damages include time taken away by the store manager, security, and employees to deal with the crime when they could have been doing their normal duties. Maybe the manager was training someone, the security could have been roving the store on the lookout for other shoplifters, the employees could have been stocking, running the cash register or helping a customer find something.

That is why I asked the writer what the amount was for. Many times the store sends out a bill to the perpetrator for restitution, damaged merchandise, etc.
In any case, the boy did the crime and even if the store has no breakdown of the amount due, as a parent I would make the boy pay for his actions instead of teaching the kid how to weasel out of his responsibility. In hindsight, the kid was lucky he did not have to stay in jail. He should be very thankfull to the store that let him walk and he should just pay his dues out of his own pocket. Without the parents help.
The writer states it would be no problem if notification was given soon after it happened. What does the lapse of time matter as the crime was still committed?
This is another example of how Shoplifting Takes Everyone's Money.





[Edited by HomeGuru on 01-13-2001 at 11:48 AM]

HomeGuru: I agree with your opinion that there COULD be a civil damages, but they are of such minor (and virtually unprovable) impact that they are virtually unactionable.

If the time spent in 'handling' this incident were in fact unusual and excessive, then they MIGHT be recoverable, but a very solid argument could be made that they are normal costs associated with those job descriptions, and as such are not recoverable in action.

I further agree with you that shoplifting should never be taken lightly, but when the store decided to not take criminal action and to 'let the parents handle it' by contacting them, that shows (to me) that the incident was minor in nature and was not sufficient for the store to take further action. Now to have them come back after 3 years belies any claims on their part.

I repeat my opinion... tell them to pound sand. Their attempts to collect unsupported 'damages' this late in the game is, in my opinion, a false claim and should be responded as such. Send them a letter. Tell them that you MIGHT consider 'reasonable' damages upon their proving that damages occured and ask for a DETAILED accounting of their claim.

Steve, very good points as usual.

Thank both of you for your opinions. My son was caught
stealing a $25.00 windbreaker jacket. Shoplifting is a serious crime--when your own kid is involved it is unthinkable. I am very thankful for the way the store security handled this. They held my son for over a hour (he thought he was going to jail) before they told him to call his parents. Believe me, facing his father was not a walk in the park. He was fourteen years old when this happened and was hoping to see fifteen. He was punished for his actions and would have paid the $385.00 they are now demanding, from his allowance. MY only problem with this is my son was punished, paid his dues and life went on. For the store to come back over three years later with additional punishment is like saying "wait till your father comes home" and it takes him over three years to get there. The issue was handled, my son learned a lesson--he is now eighteen and has never done this again. He has turned out to be a great kid. I agree that too many parents try to buy their kids way out of trouble. If time does not matter and he should still pay the $385.00 ,it will be paid by him not
us. Is there a legal time period the store has before they make their monetary demand?? Is there someone (maybe the solicitor)at the court house I could ask? Do we need a lawyer? thanks again

[Edited by r.white on 01-15-2001 at 12:32 PM]