Legal Question in Criminal Law in California

What is the statute of limittions for shoplifting follow-up for a minor?

On 3/27/04, my 13 1/2 yr old daughter was 'arrested' for shoplifting $24 of stuff at Mervyns. Security agent said range of fine, $50-$500 - 1st offense, probably lower end.

Got 1st form letter from Mervyn's AP Recovery dept on 4/1/04 wanting $300, exchanged multiple letters (mine custom, theirs - always form letters, no names, etc) thru 5/25/04. Then 8 months of silence.

1/27/05, they started with the 1st form letter again (new address - I assume new company contracted by Mervyn's). More form letters & my custom responses until 8/17/05. Then got a letter from an actual collections agency. Sent THEM the entire packet. Followed up by phone 2 weeks later (11/7/05) and they said it had been sent to Mervyn's for dispostion. No communications at all since then (about 10 mos. now).

My only question had been how the amount being assessed ($300) was determined. Winona Ryder was fined 4x the value of the merchandise, my daughter was being fined 12x the value. Seemed unfair offhand although I did believe some penalty was in order - but more like $100.

When can they NOT follow-up anymore? Is this issue 'gone' when she turns 18 yrs old or before that? Is there a statue of limitations? Thanks.


Asked on 8/25/06, 9:45 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What is the statute of limittions for shoplifting follow-up for a minor?

These letter should have quoted a penal code section which provides for a merchant to collect the reasonable costs that were incurred by the store in regard to the shoplifting incident.

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Answered on 9/07/06, 1:10 am
Samuel Lovely Law Office of Samuel Lovely

Re: What is the statute of limittions for shoplifting follow-up for a minor?

It sounds like you have Mervyns attempting to impose some sort of civil penalty on their own authority, maybe in violation of the fair debt collection practices act. I would be willing to review your paperwork for a nominal fee and advise you further.

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Answered on 8/27/06, 6:15 pm


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