Legal Question in Credit and Debt Law in Texas

Texas Theft Act 134.001

My 16 yr old son was caught shoplifting. The merchandise was taken back from him and police issued a ticket. now we rec'vd a ltr from attorney's office saying they represent the store and that we owe $350 and referenced the Texas Theft Act. I looked up the act which states they can sue for ''actual damages''. they have no damages. they got the merchandise back and thus lost nothing. am i misreading this? or must we really pay this bogus fee?


Asked on 2/22/07, 8:10 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Texas Theft Act 134.001

Write him back a letter and ask for an explanation of the damages. Might be an inflated administrative fee.

Read more
Answered on 2/22/07, 8:14 pm
Lewis Palomino Law Office of Lewis Palomino

Re: Texas Theft Act 134.001

Many large retailers bill defendants charged with theft in their stores. In most shoplifting cases the retailer has recovered the stolen merchandise. I have advised clients in the past not to pay this. This demand for payment is not connected to the criminal charges and is usually excessive. The stores do it because they claim it offsets the cost of processing the loss. I think they do it because they can and people are intimidated into paying it. The truth is that, absent suing you the small amount there is not much the store can do to you.

Read more
Answered on 2/22/07, 8:54 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas