Legal Question in Criminal Law in Indiana

My 16-year-old daughter was caught shoplifting at a retail store. The value of the property was about $45 and all was recovered undamaged. We received a civil settlement letter requesting $250 to settle. I want to settle for less, if possible, and wonder whether this is likely to be successful and, if so, how to reply to the letter.


Asked on 11/03/09, 3:04 pm

1 Answer from Attorneys
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

You can always make an offer to compromise and settle for less, but in Indiana you will find there is an irrebuttable presumption that a retailer who brings a civil action under the law has suffered at least $100.00 in damages even if the property has been returned and the law allows treble damages (3x) for up to $300.00. If the retailer has to file suit to enforce the action you can also be liable for reasonable attorneys fees, filing costs and other costs if you daughter is found to be responsible.

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Answered on 11/11/09, 10:05 pm


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