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Shoplifting

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Scojo1

Junior Member
What is the name of your state? California

Hello, I live in Orange County, California. My minor was recently detained in a clothing store for shoplifting. The value of the articles he attempted to steal was around $150. I just received a letter from the law firm representing the clothing store and they are asking for monies in the amount of $375 as they say they are entitled to no less than $50 and no more than $500 under a state statute. Should I pay this or go to court? They have the articles of clothing, so I don't see where they have suffered "damages". Please advise.
 


TheGeekess

Keeper of the Kraken
Your minor child should pay this. Not you, unless you plan on being around to bail Junior out for the rest of his/her life. Time for them to take some responsibility for their actions, don't you think? :rolleyes:
 

Antigone*

Senior Member
What is the name of your state? California

Hello, I live in Orange County, California. My minor was recently detained in a clothing store for shoplifting. The value of the articles he attempted to steal was around $150. I just received a letter from the law firm representing the clothing store and they are asking for monies in the amount of $375 as they say they are entitled to no less than $50 and no more than $500 under a state statute. Should I pay this or go to court? They have the articles of clothing, so I don't see where they have suffered "damages". Please advise.
As a parent I feel for you, having said that we all know that accountability is a difficult lesson to teach and you have a great opportunity here to teach it. Take your child have him present himself to actually make the payment and offer an apology. Make him work off every bit of that debt to you. Show it to him on paper - this way he sees the debt in black and white. Cutting lawns, washing cars, dog walking, whatever it takes.

The mere fact that the store has to pay for extra security to take care of these types of potential losses is "damage" enough. You and I have to pay more for products because people are arrogant and feel entitled - so they shoplift.

I've made it very clear to my teenager (she and her friends love the mall) that if I ever get a phone call from the police to come pick her up because either she or her friends have done something wrong, that I will tell the officer to have her make herself at home. If she wants to behave like a thug, she can experience a thug life behind bars until I'm good and ready to come get her.

This may not be the "legal advice" you are seeking here but if we teach our children character, then maybe, just maybe legal advice would not be a necessity.
 

CdwJava

Senior Member
PC 490.5(b):

(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs.
In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be
had in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.
The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to
pursue other civil remedies, except that the provisions of Section
1714.1 of the Civil Code shall not apply herein.​
Note that if you go to court, it may be to small claims court if they sue you for the amount. Maybe it will just go to collections. How much will that cost you in gas, time off of work, and consternation? Also, know that the store could also turn the matter over to the police for a criminal prosecution where a fine will be imposed in addition to restitution AND this original $375 request.

As others have said, time to make your daughter pay for the consequences of her actions. While YOU may have to actually write the check, she should be required to pay you back in whatever way she can. Perhaps its time to take away articles of hers as collateral ... phone, computer, radio, TV, iPod, etc. When she has paid you back, you can return these items to you one at a time - she can, in essence, "buy them back" from you like a Pawn Shop. :)

- Carl
 

Antigone*

Senior Member
PC 490.5(b):

Perhaps its time to take away articles of hers as collateral ... phone, computer, radio, TV, iPod, etc. When she has paid you back, you can return these items to you one at a time - she can, in essence, "buy them back" from you like a Pawn Shop. :)

- Carl
Momma's Pawn Shop huh...I love that idea Carl. I am going to place your idea in my "arsenal". I haven't needed to use the weapons yet, but they are good to have just in case. :):D:)

I've got 1 teenager about half way through and another on the way!
 
I agree make the teen accountable to monies and repay you. I do advise you pay this because failure to do so will raise (triple) fine and if you still fail to pay they can sue you in court and win thus costing you thousands possibly. Is there a chance they wont sue? Sure but is it worth risk and I might add failure to pay or pay on time can be reported to credit reporting agencies.
 

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