Legal Question in Criminal Law in Louisiana

I am a server in Baton Rouge, LA. Today I had a customer give me a card to pay with, and i swiped it, brought the bill back with the credit card slips (the slips you put how much you want to tip), asked them if they needed anything else and then them "thank y'all, have a great evening." After they left I collected the bill and they had taken both the credit card slips, so I thought they just didn't tip me. Then I go to the computer to close out the table's check, and I realize the card was only authorized for $29 because there was only $29 left on the card, and the bill was $42, so they left without paying $13. My manager says since I brought the bill back without saying anything was wrong they had a right to leave and it wasn't stealing. Is he right or was it stealing?


Asked on 11/22/15, 8:40 pm

1 Answer from Attorneys
Vincent Miceli Law Office of Vincent Miceli

It is theft. The card holder either knew or should have known he did not have a sufficient balance to cover the check. If he can reasonably prove he was unaware of his balance and truly believed he had enough to cover the check, then that could be used as a defense but it does not change the fact that his act is theft.

It is up to the manager or store owner to contact authorities to press charges.

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Answered on 12/15/15, 1:07 pm


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