Legal Question in Civil Litigation in Texas

Civil Suit from Department Store

My son and his friend were at a JC Penney store, his friend shoplifted something from the store.On the way out my son and his friend were picked up by security.When questioned my son said that he didn't have any knowledge of his friend taking anything.The security person agreed that my son didn't have anything to do.They still have to go to criminal trial and my sons' charges were dismissed since his friend said that he was not involved in any way.The problem is that the store have an attorney office with an automatic pre-recorded message that keeps calling my house asking for money so they wont take me to civil court.I have called the office and told them that my son was not involved, but they keep saying that he is an accesory. I told them that my son was not involved, to review the security tape.but they do not listen and keep calling my house various times a day.Can I countersuit them for attorneys fees if I get an attorney to resolve this issue or what can I do about it?. It should be an open and closed case since there was a dismissal of charges, plus a security video. Thank you.


Asked on 11/08/05, 12:04 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Civil Suit from Department Store

Write to them, certified mail return receipt requested, stating what you've stated to me, and tell them that all further communications are to be in writing. Also tell them that if they proceed with their threatened lawsuit, knowing what they know now, that their lawsuit will be a frivolous lawsuit and they may be subject to sanctions.

Also demand in the letter that they keep a safe copy of the security tape that shows your son was not involved!

Mark your calendar, because your son won't be able to relax until the two-year statute of limitations has run.

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Answered on 11/08/05, 12:26 pm


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