Legal Question in Civil Litigation in California
My son had got caught shoplifting from KMart. And they also got they merchandise back. I received a letter from Neal C. Tenen stating that he owes $380.00. I started making $58.57 payment toward his fine. I'm I still obligated to make those payments if the store got their merchandise back and no officers were involved.
2 Answers from Attorneys
You were never 'obligated' to pay, unless you signed an agreement or contract. Even if you did, the contract may not be enforceable. HOWEVER, more importantly, nothing prevents the store from filing criminal charges, whether you pay or not. Your choice to pay or risk that.
;Mr. Nelson is correct, but misstates one point. KMart cannot file criminal charges; it can only file a police report. It is the district attorney or city attorney in your area that can file criminal charges. Whether they will do so is out of Kmart's control (or yours).
But as Mr. Nelson stated, you are not "obligated" to pay the $380 absent an agreement to do so. KMart can, however, file a small claims lawsuit against you.
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