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.
The amount here is chump change, and it is probably heavily discounted to the bill collector. The merchant gets nothing out of it worth having except the deterence value.
The bill collector isn't making big profits on it ~ think ~ how much more than $200 can he get? Probably costs that much every day for his phone, A/C, rent, parking, workman's comp, and so forth to say nothing of salary or bonus to the clerk he hired to do the job.
The only way the bill collector wins is if YOU DON'T PAY, then you will be paying the merchant's court costs, etc. to go after the $200.
Worst thing I could ever tell someone was "final agency decision". It was pret'near a death sentence 'cause they had to go to federal court, and that is a very expensive thing to do ~ just to say hello!
Of course, my solution to ALL problems is to buy a rifle.
I have a lot of rifles.
You might get on the hook for a LOT more than $200, if you don't run this by a lawyer. If there's some sort of wacky FL statute covering this, the lawyer will know. I would check with him/her before running it by the store legal dept. . . . could be a scam, but you're better off being advised before you do anything.
It's a shame to have to consult an attorney, but these days that's the safe thing to do. I work for a court, and you'd be surprised how much trouble people get in because they don't run stuff by a lawyer . . . like summons & complaints.
If he only get's $200, then he's likely losing money by making the demand, but most merchants do this to teach people a lesson.
Anyway, I guess I come from the old school where I believe what's rightly owed is rightly paid-down to the "eye for an eye" thinking. If all that is suffered is paid back, and that is not enough, then I suppose I can blame it on my Maltese heritage when I want to tell them what they can do with their form letters. ;)
LMAO, what amount constitutes "lots"?
Thank you for your suggestion:) Not having one on retainer, I will be looking for one tomorrow.
If you know a judge or a law professor or dean (even slightly, like from church), get recommendations from them. A lawyer you know, even if (especially if) he doesn't practice in the area, will know someone reputable who does. Otherwise, a businessman you know who deals regularly with lawyers would be a good source for a reccy.
Hello, Flipyaforreal:
I am new to computers and brand new to this site, but I read it with growing interest. I stumbled across it while researching FL Statute 772.11, which I read with horror.
I am not certain if the store name may be used, but I'm going to give it a try.
On 2/25/05, my granddaughter, 18 years old, shoplifted some costume jewelry from Wal-Mart in Palm Bay, FL. She was apprehended at the store door, handcuffed, arrested and taken to Brevard County Detention Center (read County Jail)
She went before a judge, pleaded guilty and was sentenced to, and served, 13 days in jail. In addition she was assessed $173.50 in court costs.
Arrested, served 13 days and fines and costs of $173.50.
Wal-Mart, by the way, recovered their merchandise at the door.
Now comes a letter from a law firm in Orlando, the first we've seen, demanding $275 because we failed to respond to their first demand for money. I called them and was talked to in circles, so I called Wal-Mart in Bentonville.
Whoo, boy. They gleefully admit that Wal-Mart, who counts its profits in the BILLIONS, is taking advantage of this law and wants $275 out of this dumb 18 year old kid.
I'm surprised they didn't insist that they chop off her right hand.
Personally, I think this is extremely excessive punishment for a "crime" that was stopped at the front door. I see on the web that there is a possibility that this statute may have been challenged as unconstitutional, but cannot get that page to appear on the screen.
My grandaughter has caught hell from every family member, and I believe that she truly learned her lesson, but Wal-Mart wants one more pound of flesh.
To Flipyaforreal: To add a little something to my reply of yesterday.
A careful reading of 772.11 does not state that the merchant MUST pursue action for the treble damages, with a minimum of $200. The statute states that if the merchant has a loss, he has access to such action, and as I read it, there is an implication that the merchant may choose to exercise this action or not exercise it.
In plain English, if the merchant wants to try to yank an additional $200 out of some kid, he may. But he may choose not to do this.
In the case of my granddaughter, Wal-Mart wants the $200. In this morning's business section there is an article stating that the PROFIT for the second quarter for Wal-Mart is $2.8 BILLION. Isn't that enough, for God's sake?
How much of that $2.8 billion came from scared kids with a stolen lipstick in their pocket.
It is evident to me that Wal-Mart is so profit driven that they will resort to anything that will turn them a buck.
Wal-Mart, a pox upon thee.
What ended up happening??? I am in the same situation and don't know what to do with this Demand Letter from Orlando Attorney who wants $1,800++++ PLESE HELP
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