Legal Question in Civil Rights Law in New York
My 15 year old daughter was with the wrong 'crowd' and got arrested at JC Penney for shoplifting with two of her friends. She had taken a few items of clothing worth approximately $82. They kept the clothing; it was could still be sold. She pled guilty, went to youth court and is on probation while fulfilling the terms of her sentencing.
I recently received notice from a law firm stating that pursuant to NY CLS General Obligations LAW 11-105 JC Penney will proceed with litigation against me. To avoid this civil lawsuit I should pay them $410. I did not respond to this request. I have just received a second notice stating to avoid this lawsuit I should pay $685.
What do you recommend? Should I get a lawyer, pay this money now, or wait to see if they will actually proceed with the lawsuit? Aren?t the damages limited to 5 times the amount stolen with a $500 cap?
1 Answer from Attorneys
A lawyer will likely cost you more than the money demanded. Under this particular statue, the parents of an emancipated minor can be held liable for the minor's offense.