ProPerDoper
Member
What is the name of your state (only U.S. law)? California
My minor daughter was recently detained but not arrested for stealing a $10 belt. She's never been in trouble, and a 3.5 GPA student....just a dumb mistake. Luckily the juvenile intervention officer from the local PD was dispatched, he saw that she was a good kid and dad was gonna deal with it. The store manager did not press charges and the PD did not cite her.
Yesterday the civil demand for $250 shows up from the store's loss recovery/collection law firm. I have a few weeks to think it over...pay it, or ignore it.
After reading the California Penal Code sect. 490.5 (b), and some of the threads on this site, it seems that we should distinguish the reason for the civil demand pursuant to this code: Although the intent of this code may originally have been to recover losses which stemmed from the individual theft, (plus penalties) stores are now hiring firms to pursue payment following a theft as a method to recover costs expended in their overall security efforts.
If this matter went to small claims court I suspect that the Judge wouldn't give much weight to the fact that the theft loss was only $10.00. Theft is theft. I'd guess that more consideration would be given to the fact that it's a first offense minor, good kid, etc.
I've had enough experience with family law and personal injury law to know what a time consumer any legal matter can be. $250 buys me a whole lot of freedom from oppression and time drain. On the other hand, I'd much rather use the $ to raise my kids.
What are the chances that a firm would expend resources and attorney fees to file in small claims court? It seems that the limitations set for the claim, penalties, and filing fees would hardly make this a break even activity at attorney hourly rates.
Still thinking this one over, I am.....
My minor daughter was recently detained but not arrested for stealing a $10 belt. She's never been in trouble, and a 3.5 GPA student....just a dumb mistake. Luckily the juvenile intervention officer from the local PD was dispatched, he saw that she was a good kid and dad was gonna deal with it. The store manager did not press charges and the PD did not cite her.
Yesterday the civil demand for $250 shows up from the store's loss recovery/collection law firm. I have a few weeks to think it over...pay it, or ignore it.
After reading the California Penal Code sect. 490.5 (b), and some of the threads on this site, it seems that we should distinguish the reason for the civil demand pursuant to this code: Although the intent of this code may originally have been to recover losses which stemmed from the individual theft, (plus penalties) stores are now hiring firms to pursue payment following a theft as a method to recover costs expended in their overall security efforts.
If this matter went to small claims court I suspect that the Judge wouldn't give much weight to the fact that the theft loss was only $10.00. Theft is theft. I'd guess that more consideration would be given to the fact that it's a first offense minor, good kid, etc.
I've had enough experience with family law and personal injury law to know what a time consumer any legal matter can be. $250 buys me a whole lot of freedom from oppression and time drain. On the other hand, I'd much rather use the $ to raise my kids.
What are the chances that a firm would expend resources and attorney fees to file in small claims court? It seems that the limitations set for the claim, penalties, and filing fees would hardly make this a break even activity at attorney hourly rates.
Still thinking this one over, I am.....
