Posted on 07/26/2005 10:23:52 AM PDT by Flipyaforreal
I hope this is not out of order to post this, but Freepers (and I have been a proud one for almost 4 years) are the first people I thought of to ask for their opinions regarding a possible lawsuit I may face soon. Simply put, my (good student, NEVER been in trouble before) 14 yr old daughter was caught stealing a $10 bracelet from a cheap mall jewelers in May. The merchandise was immediately retrieved by the store, they called the police and had her handcuffed, arrested, fingerprinted-the whole deal. The store pressed charges and we made the court appearance, et al. She was extremely remorseful, accepted FULL responsibilty from the minute she was caught, and understands that she made a VERY stupid decision to do what she did. She was scared to death and, without a doubt, won't be doing anything like that again.
I have now received a "letter" from a collection agency/law firm that is threatening a civil suit under a FL civil remedies statute (772.11). In this form "letter", they offered to "settle" for $200 and if payment is not made, they say they'll review the case for following through with the suit.
My question is, since the merchandise (all $10 worth) was immediately recovered, the store lost no business at the time as the staff continued to work, my daughter was fully arrested, processed and is doing everything needed to serve her penance, how should I handle this? I was going to put together a letter back to them stating that the store suffered no loss and, considering the facts above in this case, it's damn ridiculous to threaten this possible suit. I was so angry upon the receipt of the "letter", that I even considered telling them that if they somehow follow through with their suit, I will countersue.
But before I go off writing anything, I wanted to pose the question here, to my fellow Freepers, since we have some of the most knowledgable people that I know of here. Thanks in advance for any help/opinions.
What are they seeking to recover? cost for prosecution?
I have no idea, but I do hope your daughter had the beans scared out of her over this one. Gotta nip that in the bud.
That's an additional cost to them, but I'd check the court's judgment to see if the judge awarded them their legal fees. If so, you owe. If not, be a good citizen and pay anyway.
Different states have different standards, and it may be the case that your state automatically awards the fee to the winner.
I'd guess you can get legal advice on the matter for just about the amount of money the bill collector wants.
sounds like a scam to me.
"sounds like a scam to me."
Exactly.
Have your own lawyer read over the letter, and contact them to find out more details about their reasons. Trust me, it's best to let someone who knows legalese handle it.
What state. That's pretty important.
# Using civil recovery. In nearly every state, retailers can use civil law to collect restitution from shoplifters, and many retailers take advantage of this.22 Civil recovery is designed to operate quickly, with little recourse to the courts. The typical sums sought are $250 for adult shoplifters and $120 for juveniles, and in nearly half the cases, these sums are paid. Civil recovery is not meant to be a substitute for criminal proceedings. Rather, it is meant to provide an additional shoplifting deterrent (though of unknown effectiveness). Civil recovery also allows retailers to defray some of the costs of loss prevention.
In some states, such as Florida, statutes permit police to help retailers obtain civil recovery on the spot. With proper procedural safeguards and reports, the offender can pay the set civil recovery amount–around $200–directly to the retailer in the presence of the police, and thereby be spared arrest. This might cost offenders considerably more than the item stolen is worth, but it spares them an arrest record.
http://www.popcenter.org/Problems/problem-shoplifting_p3.htm
Hope this was helpful.
First, they are not going to sue you for a measly $200. Second, write a letter, return receipt requested, to the sleazeball agency asking them to send all documentation about what the money is owed for. If they cannot provide satisfactory answers, dispute the charges.
A lawyer will cost more than $200. Pay it and write "PAID IN FULL" and account number (if you have one) in the "FOR" line and make your daughter work it out.
Me too. As another poster said, wouldn't the court have completely adjudicated the matter, i.e., costs, fines, etc.?
I would make your daughter work for the $200 and pay it.
Scan the letter from the lawyer and post it here.
Talk to a lawyer who's familar with the statute. Some states have statutory mechanisms for compromising misdemeanors and some provide for civil recoveries for 'liquidated damages', which means no actual loss need be proved. Be sure you're on firm ground before you dig in.
Sounds like they want u to pay their costs..well hope daughter works it off
Text of statute:
772.11 Civil remedy for theft or exploitation.--
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney's fees or costs provided under any other law.
(2) For purposes of a cause of action arising under this section, the term "property" does not include the rights of a patient or a resident or a claim for a violation of such rights.
(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.
(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person.
(5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.
History.--s. 3, ch. 86-277; s. 47, ch. 88-381; s. 5, ch. 89-303; s. 1181, ch. 97-102; s. 2, ch. 2002-195.
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