Legal Question in Civil Litigation in California
My 13 year old son was caught shoplifting at Target. The product was given back to the store and my son was punished at home. About a week later (today) I recieved a letter from a law firm retained by Target to pursue "recovery of civil damages arising from the shoplifting incident". Am I required to pay this?
2 Answers from Attorneys
Yes. The law allows the store to bill you a few hundred dollars to defray the cost of their loss prevention activities, so that fewer of these costs are passed on to the store's honest customers. Your son is lucky the police did not become involved. If he does anything like this again he could get a criminal record and become unemployable.
Mr. Stone is correct as far as he goes. However, you paying the demanded amount does NOT prevent the store from filing criminal charges as well. I've seen it frequently done. The only way to ensure that doesn't happen is for your attorney to try to negotiate a full civil compromise agreement with them that specifically states they will not file charges. The store can not initiate an offer to you unilaterally, that would be extortion. Your attorney can offer it to them, and it may work. If serious about getting counsel to do so, feel free to contact me.