Legal Question in Civil Litigation in Texas
Shoplifting
If my 17 yr old was arrested for shoplifting, and arrested, but has not been tried yet, can the retailer come back and send me a letter stating that I have to pay them damges? The police stated that at 17 years old, he is considered a legal adult. I received a letter stating that i need to pay them $275 for the $80 he attempted to steal . He has not even been convicted of this in court. Do i have to pay this? Is this legal?
2 Answers from Attorneys
Re: Shoplifting
You might have to pay it if he is convicted. That could be and should be avoidable. Without a conviction, you don't owe the money. You might try to negotiate with them to see if they would drop the charges for the money or some part. Good Luck
Re: Shoplifting
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 client 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 for $80, there is not much the store can do to collect.
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