Legal Question in Civil Litigation in California

theft

My Son was caught stealing from a K-mart store for merchandise of 20.00 in value. He was arrested and released to me. K-mart has sent me a letterrequesting me to pay 350.00 dollars for his theft.. I am curious is this legal and if so how can they justify that suing me for that amount when the mechandise was recovered and only had a value of 20.00 ?


Asked on 6/26/07, 4:10 pm

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

Re: theft

California law allows a merchant to charge a person arrested for petty theft, the cost of apprehending the individual and the interruption of business.

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Answered on 7/04/07, 3:17 am
Terry A. Nelson Nelson & Lawless

Re: theft

Legal? Yes. Fair? eh. It is a technique and penalty intended to discourage theft [which they shouldn't have to suffer anyway].

You could object and see if they sue, and then try to convince a judge not to award anything to them, at least not beyond a reasonable value of the merchandise and their overhead costs of security and prosecution.

You'll also be unhappy to discover he will likely be criminally charged even if he pays the amount demanded. That's standard practice of many stores. Again, intended to discourage theft.

Feel free to contact me for criminal defense if in SoCal.

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Answered on 6/26/07, 4:40 pm


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