My Daughter Shoplifted she's a minor (13)

[NuBiXx]

What is the name of your state (only U.S. law)?
Massachusetts,

Hi recently my daughter got caught stealing at CVS. She's a minor she's 13 years old. No police where called, she just had to sign a letter saying she's not allowed on CVS property for 2 years. This is her first offense so I thought that was the end of it then today over a month later I received a letter from some Attorney At Law saying I have to pay $350.
The item she stole was $10.99.

Then the letter says If they don't receive payments within 25 days "They may hire local counsel to take all legal steps which may include a civil action in court to collect the full amount allowed by the statute."

The letter also says "IMPORTANT NOTICE: The payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision. Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability. You might want to seek the advice of counsel regarding this.

So even If I pay the $350 CVS may still bring my daughter to court she's just a minor.

I scanned the letters please read them,
What would happen If I didn't pay the $355 dollars? Then CVS decides to take me to court seeing how she's just a minor and it's her first offense won't she get probation and, or do community services? Thanks for any help I really appreciate it.

If CVS still brings my daughter to court even after I pay the $350, in the letter it says "Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability"
So she still could get fined, should I send a letter to this Attorney At Law people who sent me the letter saying I'm not paying the $355 dollars and I'll take my chances in court after all she's a minor with no priors the item was only $10.99.

http://i56.tinypic.com/v2y4g8.jpg
http://i52.tinypic.com/33ab19w.jpg

 

[justalayman]

I can't attest to the amount being a valid amount but what they seek is called a civil demand. Whether you go to court or not, the merchant has a right to make this demand. It is totally separate from any criminal trial.

If you refuse to pay it, they can sue your daughter. If she loses (if it was obvious she is guilty she will) there will be a judgment on her credit record.

This does not affect the possibility of a criminal action against her.

she's just a minor and it's her first offense won't she get probation and, or do community services?

possibly but add to that a criminal record.

 

[stealth2]

OP - while your poor sweet Princess is a minor... she is also a *thief*. So yes, CVS has every right to pursue this via legal channels.

So your daughter ONLY stole something worth ~$11. In order to try and stop theft - be it of a $10 item or a $100+ one - the store has to pay for security personnel, cameras and other security devices, etc. That costs a hella lot more than the $11 item that Thieving Princess tried to lift. If Princess (and others) wasn't a thief, they wouldn't have to shell out that money. But someone has to. *I* don't want to pay higher prices. So Thieving Princess (and YOU, since she's a minor) should.

By 13, Thieving Princess should have learned that we do not take things that do not belong to us. The fact that she stole means (a) she hasn't learned that lesson and/or (b) you and Parent #2 haven't taught her. I'm leaning towards (b), since you feel the fact that she's a minor should be excuse enough.

Pay the demand, and make HER work it off. Whether through babysitting jobs (though I'll tell ya now - *I* wouldn't want her alone in my house! Who the heck knows what she'll decide she deserves to take) or chores at home or volunteer work, etc. Drive home the lesson that one works to EARN the things one wants - one doesn't just take it.

Oh and - I'll bet this isn't the first time Thieving Princess has stolen. It's only the first time she's been caught. I know, I know - she swears it's the first time, though big fat crocodile tears. Why are you believing a thief? If she were a stranger stealing from you - would you believe her? I wouldn't.

 

[RichHill3]

I got caught shoplifting when I was six years old, but nothing happened like this. He told me he was going to call the FBI and have me thrown in jail...scared me straight heheheh..

Thirteen is old enough to know better though, and I'd be worried about getting her scared straight. I would tell her that it is her fight. I would not pay, but not because CVS is the bad guy, because I would need my daughter to realize that she will ultimately be accountable for her actions. Only four and change more years before you can't protect her anymore. Use that time wisely my friend and let this small issue seem as big as possible for her. If you keep finding ways to let her shrug off responsibility...she is ultimately "getting away" with it and when she turns eighteen, she'll be worse off for it. That's the only advice I would give

 

[stmfitr636]

Put her cellphone, ipad, laptop and DS on ebay to repay the $355 that you send the lawyer.
The amount that they can charge (the likely judgment amount should it go to court) plus legal fees will be way more than the amount that you owe now.

 

[xylene]

Don't pay it.

The CVS/Caremark Corporation has way to much to do to deal with this. And if they do, you are no worse off.

You understand correctly.

Paying does NOT mean your daughter is free from criminal charges.

NOT paying does increase your civil liability.

You know how many people shoplift from CVS and get busted every day - A jillion.

It is your job to parent and discipline your child. You don't need to be bullied into making 'amends' to a corporation to be a good parent.

 

[stealth2]

You don't need to be bullied into making 'amends' to a corporation to be a good parent.

But maybe the child does, to understand what she did wrong.

And.. I work in retail. We lose a lot of $$$ due to kids stealing stuff. The money that costs the corporation comes out of every consumer's pocket, as well as every employee's paycheck.

 

[Mass_Shyster]

Here is the statute permitting a civil suit for up to $500:

Massachusetts General Laws:

* CHAPTER 231 PLEADING AND PRACTICE
* Section 85R 1/2 Liability for damage to property as a result of shoplifting or attempted larceny; recovery

Section 85R 1/2. Whoever causes damage to the property of a person as a result of a larceny or attempted larceny of said property as set forth in section thirty A of chapter two hundred and sixty-six or commits or attempts to commit a larceny of goods for sale on the premises of a merchant or commits or attempts to commit a larceny of the personal property of employees or customers or others present on such premises shall be liable in tort to the merchant for damages for not less than fifty nor more than five hundred dollars in addition to any actual damages incurred. An action for recovery may be commenced under the provisions of sections twenty-one to twenty-five, inclusive, of chapter two hundred and eighteen.

 

[LdiJ]

What is the name of your state (only U.S. law)?
Massachusetts,

Hi recently my daughter got caught stealing at CVS. She's a minor she's 13 years old. No police where called, she just had to sign a letter saying she's not allowed on CVS property for 2 years. This is her first offense so I thought that was the end of it then today over a month later I received a letter from some Attorney At Law saying I have to pay $350.
The item she stole was $10.99.

Then the letter says If they don't receive payments within 25 days "They may hire local counsel to take all legal steps which may include a civil action in court to collect the full amount allowed by the statute."

The letter also says "IMPORTANT NOTICE: The payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision. Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability. You might want to seek the advice of counsel regarding this.

So even If I pay the $350 CVS may still bring my daughter to court she's just a minor.

I scanned the letters please read them,
What would happen If I didn't pay the $355 dollars? Then CVS decides to take me to court seeing how she's just a minor and it's her first offense won't she get probation and, or do community services? Thanks for any help I really appreciate it.

If CVS still brings my daughter to court even after I pay the $350, in the letter it says "Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability"
So she still could get fined, should I send a letter to this Attorney At Law people who sent me the letter saying I'm not paying the $355 dollars and I'll take my chances in court after all she's a minor with no priors the item was only $10.99.

http://i56.tinypic.com/v2y4g8.jpg
http://i52.tinypic.com/33ab19w.jpg

I am going to tell you what an attorney told a friend of mine whose child had been with a group of children who were all shoplifting at Walmart. This is not my opinion in any way, shape or form. This is just the opinion of the attorney who advised my friend.

That attorney advised my friend that it was a form of extortion and that it should not be paid, period. That it was an attempt by Walmart to supplement their security costs by "extorting" these types of fines.

He stated that if the child got caught and therefore never got out of the store with the item in question, that there was no valid civil claim to be made against the child, and that getting a DA to prosecute a shoplifting case when the police were not called when the incident happened, was slim to none.

Again, this is not my opinion in any way, shape or form. This is just the opinion of an attorney in a similar situation.