Theft by association - GA

[ConfussedMom]

What is the name of your state (only U.S. law)?
This happened in GA.
My son who is 15 was with 2 other boys, age 12 and 14 when these two stole 2 items from Kmart. Even the police incident report states that he did not have anything one him. Kmart sent us a Settlement Offer for $150.00 and he has to appear in court as well. I am wondering since he didn't actually steal anything he was just with them why is Kmart sending us this settlement offer in a civil claim? I understand why he has to go to court, he was there and didn't try to stop the 2 boys. The other 2 also recieved the same settlement offer from Kmart. Of course each is for $150.00. Kmart refusses to give me a tape of the incident and said I need a court order. Do I need to hire an attorney for all this?

 

[Antigone*]

What is the name of your state (only U.S. law)?
This happened in GA.
My son who is 15 was with 2 other boys, age 12 and 14 when these two stole 2 items from Kmart. Even the police incident report states that he did not have anything one him. Kmart sent us a Settlement Offer for $150.00 and he has to appear in court as well. I am wondering since he didn't actually steal anything he was just with them why is Kmart sending us this settlement offer in a civil claim? I understand why he has to go to court, he was there and didn't try to stop the 2 boys. The other 2 also recieved the same settlement offer from Kmart. Of course each is for $150.00. Kmart refusses to give me a tape of the incident and said I need a court order. Do I need to hire an attorney for all this?

This is a civil demand ~ not part of the criminal case. This is sent to all parties involved. As your son was with the two who actually stole and has to go to court for the incident he to is culpable. He knew they were stealing, didn't he?

KMart is not required to give you anything. Their attorney, acting on their behalf is demanding that your son pay for his part in the theft. If you don't pay the demand, they can sue you in civil court.

 

[ConfussedMom]

This is a civil demand ~ not part of the criminal case. This is sent to all parties involved. As your son was with the two who actually stole and has to go to court for the incident he to is culpable. He knew they were stealing, didn't he?

KMart is not required to give you anything. Their attorney, acting on their behalf is demanding that your son pay for his part in the theft. If you don't pay the demand, they can sue you in civil court.

Thank you - Yes he knew they were stealing. And we have talked about it. This should be very interesting since the other 2 boys live together and are working on there story for court which is that my son made them do it. Guess the old saying goes here keep your friends close but your enemies closer.