Legal Question in Civil Litigation in California

My daughter who's went to Walmart in San Diego, CA about 3 weeks ago. She was with 2 other girls 1 is 12ys the other is 15yrs. the 15 year old girl said to her sister "my birthday is coming up, you should get me something. The 12 year old girl grabbed my daughters purse and the 2 girls she was with began to shoplift jewelry and 4 CD. Both of the other girls were obvious and the 12 year old girl girl broke a cd case to steal. My daughter said to them 'dont steal anything you're going to get caught". The 12 year old said "no Im not I do this all the time" They were taped and you could hear everything they said. As they were walking out one of the girls shoved the bag back into my daughters hands and the sensors started to beep. When I got there the security guy was very animate that my daughter did not steal anything. I received a demand letter in the mail for $250.00 the other parents received one as well. $250.00 for the both of them not each. If I ignore the letter and dont pay anything will that go on my credit report? I have a car loan and credit card will that cause my interest rates to go up by not paying? If I do pay can I turn around and take them to small claims court to recover all or part of the 250.00 payment? My main concern is my credit.


Asked on 12/10/11, 8:08 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It would be much better to speak to a credit counselor, but my guess is that it will have no effect upon you as it is neither a debt or judgment. You should write to the law firm [I presume out of state] telling them what occurred and your daughter had no legal liability so you will not pay and if your credit is affected by their reporting it you will sue them for the tort them have committed.

Your major problem is teaching your daughter to walk away when some one says they will commit a crime and to take her bag back immediately. You need to speak with the parents of the two other girls and have your daughter break off relations with them as they will shoplift again and have no concern about getting your daughter in trouble. Plus they are just dumb, even for 12 year olds.

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Answered on 12/10/11, 9:27 am


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