Legal Question in Civil Litigation in New York

liable

my daughter age 14 shoplifted some lip gloss at kmart she was never arrested or charged w/anything. now i received a letter saying second notice which I never received a first from a lawfirm saying they want $350.00 from the parent or guardian. This letter wasnt even written from a lawyer its from a counsel for the firm. Am I liable for this money and what should i do about it. I feel they are just trying to get money out of me. please help!


Asked on 9/27/08, 7:00 am

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: liable

First, Counsel for a firm is a lawyer... as 'counsellor' is another name for 'lawyer'.

Generally, in cases such as these when people are cuaght shop lifting, they are processed and their information is collected in the store... the stores tend to make their own file of the incident internally, and also must pay for security costs to stop future shop lifting... so generally what they do is give the person an opportunity to make the costs of security, the costs of having to process an individual.

They forward a bill to you, and it is an offer to hold off on prosecution. If i were you i would absolutely pay the bill as it would save your child from the headache of potentially being arrested for the shoplifting charge... However, there is also a specific statute of limitations on shop lifting... if the time has passed then there would be no cause to arrest her.

Lastly, generally first notice to pay is given at the time of the incident, in the store.

Usually in most cases if you do not pay close to the time for the end of the statute of limitations they will arrest and prosecute the case.

for me, it's an easy decision... good luck!

For future reference you may contact my office at 212.709.8303

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Answered on 9/27/08, 7:12 am


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