Legal Question in Civil Rights Law in California
490.5 (b) (c)
I received a notice from an attorneys
stating that they are
representing Walmart and they
have a claim against me regarding an
incident that took place in one of
their stores 3 months ago. This
is all news to me as I was never
contacted nor were the police. When
I asked my son how they received
our address, my son said that they
made him sign something stating
that he cant return to the store.
This person presented himself as a
police officer from another county,
but is a employee of Walmart. This
letter states that I have 20 days to
pay them or they will review the file
and possibly further action will be
taken. Is this legit? I called the
attorneys and they told me,
the store got the information
off my son's ID. My son doesn't have
an ID. Maybe a school ID, but that
doesn't have any address information
on it. They refused to admit the store
made my son sign something but my
son said they did. I was told to call
them back in a couple of days to get
additional info. My son is a
minor. Isnt it CA law to contact a
parent or the local police in a
situation like this?I feel like they are
abusing this document they made
my son sign for monetary gain
purposes only.
1 Answer from Attorneys
Re: 490.5 (b) (c)
You can either negotiate a payment with them, or risk criminal charges being filed against the son. Actually, even if you pay, you still risk criminal charges being filed; it is not uncommon and not illegal if done correctly. He can try to raise all those concerns and issues in his defense if charges are filed. It's your call. Feel free to contact me for the legal representation he'll need if charges are filed, if it is in SoCal courts where I practice. I might be able to help you negotiate a civil 'deal' that would avoid criminal charges being filed.
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