Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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Hi all, I haven't posted in awhile but any response to this will be helpful !! I need LOCAL advice and help !!! It might get moved but I didn't know where to post this !!
My teenager was in a Kmart with 2 other teens, one of the teens put some small value items in their pocket (under $25 dollars), my teen and the other teen had items that they were buying and went through check out, as did the teen who had items in their pocket (who was not "buying" anything) - end result, the one teen who was shoplifting was caught before leaving the store - they took all 3 to the loss prevention office, all were questioned and searched, only the 1 teen that had items "un-paid for" was charged and taken to jail - all of these teens are under 18 - The 2 teenagers that were with the teen that shoplifted did not know the teen was shoplifting.
Question ---- Both teenagers that were with the 1 that shoplifted have now been sent Civil Law Suit papers from Kmart attorneys saying they must each pay $150.00 dollars for damages, the papers state they were concealing goods, and if said amount is not paid, they could face court and a minimum of the $150.00 or up to $1500.00 fines ! - Neither of the other 2 teenagers that are receiving this Civil claim were charged or taken to jail, yet the Kmart empolyees took all their personal information and we have now received this paperwork. How can a Civil claim be made against the 2 teenagers who did nothing wrong, other than being with someone who made a bad decision ?
I, in no way agree with the teenager who made a choice to shoplift, that was a bad decision and they have to deal with whatever consequences may come, but how can the 2 others , who had nothing to do with that be held in a Civil Law suit ? I'm very confused and concerned as a parent !! The 2 teenagers (who were not charged or taken to jail) have never had any issues with the police, and are both good students in school ! Of course, they need to make better friend choices but I now need to deal with this issue !! Any help, or advice is greatly appreciated !!!! or Civil Attorney who can comment or help is much appreciated !!
If you have read this and can offer any helpful information, thank you !!
I think the crux of it is, you need a lot less evidence. Might want to check with a lawyer or just pay the fine if it's a lot cheaper to do that. Typically large corps don't just send out bills threatening legal action on a whim.
You may want to have an attorney review the letter and follow his/her suggestions. I am always leary of responding to an attorney without some legal advice or representation.
Why don't you just call the attorney that filed the suit and ask them? But chances are, this is their way of re-couping Kmart's security costs. What you should do is call the attorney that filed the suit (it will be on the last page of the suit papers) and tell them what you told us and see what they say. If you are not satisfied from there then you'll need to get an attorney involved. This may be "cast a wide net and see what you catch" or it may be a clerical error. Only one way to find out. Trust me, this is not going to be as difficult a phone call as you might imagine.
Totally agree. I can't understand why they're asking this of 2 totally innocent kids; my first response is to demand that they provide evidence/proof of any wrongdoing on your child's part. But Daniel and Vicki are right; don't open your mouth or hit send without talking to a lawyer!
This may be "cast a wide net and see what you catch" or it may be a clerical error.
Agreed. This reminds me of what happened with my father. His car was hit by a young man on motorcycle while he was attempting a legal turn. As a result he became paralyzed. Guess who got sued? Right, my father. He gets sued even though the young man was in the wrong. The young man needed a cash cow to milk to pay his extensive medical costs and I guess my father had a target across his back.
The case was thrown out, but still my father had to take time out of his busy life to deal with that mess.
First I must say that I am not a lawyer and you may need to consult with one. What you have received is surely not "Civil Law Suit papers", but is something called a Civil Demand Letter as described in section 1-532.2 of this NC general statute. http://www.ncga.state.nc.us/EnactedL...Article_43.pdf
It is basically an extortion letter. If you pay the demanded amount, they will no longer have any right to sue you over this matter. If you don't pay, there is always the possibility they may sue, but it is highly unlikely if everything you and your teen say is true.
Quote:
Typically large corps don't just send out bills threatening legal action on a whim.
If you search the internet for "Civil Demand Letter" you would see that they do. Maybe not "on a whim" but they apparently get enough money from these letters that it is worth sending tons of them out.
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