Legal Question in Civil Litigation in Massachusetts

Civil filing against parents in shoplifting

My son was arrested and charged with shoplifting at local Walmart. He went to criminal court pleaded guilty and Judge continued the case without a finding for 90 days. I started getting letters from Walmart stating I need to send them $200 or they will file civil suit against me. They reference Mass law 231 section 85G which clearly states parents are liable for damages resulting from larceny but clearly states damages are limited to proved loss.

The letter also references Mass law 231 section 85R.

This clearly states that a claim for between 50 to 500 dollars can be made in addition to actual losses and damages. This section does not refer to the parents or guardians that section 85G does. Since I am not referenced emphatically, does this section apply to me?

To cut to the chase, should I pay or ignore?

If it matters, my son is 17, is a very good son, and this is the first time he has gotten into trouble. He was stealing pens and some batteries. The $200 requested by Walmart would be better spent on his college education I am struggling to save for. As a parent this has caused me great anguish but I am not certain handing 200 to Walmart is going to help.

Thank you for any recommendation.


Asked on 3/20/02, 8:01 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Civil filing against parents in shoplifting

1. You are ahead of yourself. First, when your son pled, there should have been something in the plea concerning the amount of damages & restitution. Check this out & email me the results;

2. They probably send out these letters automatically. Do not assume that there is a basis or authority to file. You should have the letter reviewed by an attorney. If you want, fax it to me at 978-474-4475.

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Answered on 3/20/02, 9:43 pm


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