Legal Question in Criminal Law in Minnesota

Theft by Shoplifting - Punitive Damages from company

My son was caught shoplifting from the deli at his place of employment. He was sentenced to community service hours to attend a theft clinic. The company that owns the store sent a letter saying that he owes them $50 in punitive damages as per MN Statute 332.51, remaned 604.14. They said if they didn't receive payment in 15 days from receiving the letter, they will file a civil action against him. My question is, does he just pay the fine or is there something more he can do?


Asked on 3/02/04, 4:04 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Theft by Shoplifting - Punitive Damages from company

You can read this Minnesota Statute at the State's web site, link:

http://www.revisor.leg.state.mn.us/stats/604/14.html

(You may need to copy and paste that into your web browser's address window.)

The Statute Section, 604.14 "Civil liability for theft" appears to provide for civil liability for the value of the property stolen, "plus punitive damages of either $50 or up to 100 percent of its value when stolen, whichever is greater." Subdivision 2 of the statute section provides for a possible defense -- the store must have posted a notice in a conspicuous place of liability under this statute.

As a practical matter, your son might prefer to pay the demand (by check, or get a receipt) rather than risk the possibility of the store filing a civil lawsuit in conciliation court, which eventually could result in a civil judgment on his public record (and credit report) which might possibly include theft as the basis for the debt. If he pays and settles the matter, he may then remove that risk of a public record of a civil judgment for theft. (Though this would not affect any other public records, such as a criminal conviction record.)

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Answered on 3/03/04, 1:26 pm


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