Legal Question in Civil Rights Law in Utah
civil suits
My daughter was caught stealing a ring at the mall and did all the community service and paid the legal fees associated with the criminal offenses. Two and a half months later I received a letter from a law firm representing the corporation for civil suits to the tune of $200. If the payment is not made within 10 days additional legal fees will be added to the existing amount.
I thought the event was over once the legal matters were done, do I have any options?
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1 Answer from Attorneys
Re: civil suits
In addition to the criminal charges, a merchant may sue for civil damages. The "law firm" which is acting as a collection agency and law firm is seeking additional damages. You can probably negotiate with the law firm for the amount of damages. Ask them to detail the exact damages the merchant suffered, along with all other charges. They will attempt to intimidate you into settling on an amount. Remember that no lawsuit has been filed by the law firm, only a demand letter. This is still a collections issue at this point, and the law firm is acting as a collection agency. Here is the relevant text of the civil liability statute, which may help you. "No parent or guardian is liable for damages under this section if he or she made a reasonable effort to restrain the wrongful taking and did not fail to report it to the merchant involved or to the law enforcement agency having primary jurisdiction after he or she knew of the minor's unlawful act. No report is required under this section from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the merchant involved."
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