Legal Question in Civil Litigation in Utah

Civil

I was in a local home center back in 11/03 and had a incident in there store, where i was accused of changing the price of a item which i denied.the home center law firm just sent me a letter stating that pursuant to the utah code Ann.section 78-11-15 and/or section 78-11-16 that the home center is proceeding with this claim against me.

The letter states that you may settle this matter by making payment to us in the amount of $$$$$$$ within 20 days of the date of this letter and no further civil action will be taken.Then at the bottom of the letter it states that The payment of any penalty demanded of me does not prevent criminal prosecution under a related criminal provision.I was never charged.


Asked on 2/03/04, 1:39 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Civil

The section states as follows: 78-11-15. Civil liability of adult for shoplifting -- Damages.

An adult who wrongfully takes merchandise by any means, including but not limited to, concealment or attempted concealment in any manner, either on or off the premises of the merchant, with a purpose to deprive a merchant of merchandise or to avoid payment for merchandise, or both, is liable in a civil action, in addition to actual damages, for a penalty to the merchant in the amount of the retail price of the merchandise not to exceed $1,000, plus an additional penalty as determined by the court of not less than $100 nor more than $500, plus court costs and reasonable attorneys' fees.

You can decide whether to settle or not. If you are guilty you can be liable both civilly and criminally. The lawfirm is attempting to settle any civil liability you may have. If you do not settle, they must file a civil action in court to collect. In which case they and the store have to prove that you changed the price tag and either attempted or actually unlawfully took merchandise.

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Answered on 2/03/04, 4:01 pm


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