a two dollar key chain
Complaint
GLORIA LESTER
Country: United States
My 16 year oldwas in spencer's at the mall looking at the key chains,when herfriend called her attention to someone walking bythe store.Daughterhad key chain on finger went to talk to friend.An employee ran up to her yelling stealing stealing,The mall cops were called and she was taken to the office.detective told me I would receive a letter from juvenile on when to go to court.I received a letter today saying settlement offer at the top of page.It says"Upon reasonable cause, notice is given of Spence Gift's demand for paymentof damagesin the amount of 150.00arising out of your alledged theft of property owned by SPENCERGIFTS.Code51-10-6,you further notified that if the amount is not paidor an agreement to its payment is not reachedwithin 30 days Spencer GIFTS may bring an action against you for such an amount plus attourney's fees and court cost".Now I wasn't there so what do I know?Is this LEGIT OR NOT?called detective that got her and he said wait for letter from juvenile for court.Please what do I do?
Comments
Were you offered some sort of "probation" or class to avoid a misdemeanor on your record, or as part of terms that reduced this to an infraction if you kept your nose clean for a period?
That's really more important to you in the long run that whether you pay a shakedown, or even whether they sue you, however unlikely, as those are civil settlements or judgements, and won't, for example, interfere with you getting a job. And whether you pay P&R or not should have no bearing on any agreement with your local DA.
Their claim isn't based on whether you damaged their property. If it was, then their claim would be limited to the value of the property damaged. It's based on whether state law allows merchants to demand some sort of estimated or statutory "damages" just based on the actual or attempted theft, and if so, again based on state law, they might try to justify a claim by their prorated costs of risk control.
Damaged or not, whether it would even make a good case for them might still depend on whether the amount is trivial, or the "theft" possibly an oversight. How would it play out to a judge to waste the time of his court demanding several hundred dollars, maybe adding legal fees, or whatever, say, for a pack of mints as you bought a bunch of other stuff and forgot them.
What you really want to know is what's the odds P&R will do anything at all. You believe the damaged package is "evidence", but "evidence" can't testify for itself, only a Walmart (and not a P&R employee or attorney) can testify that this "evidence" is even evidence. Even then, 1) they may not even have it anymore, and 2) P&R may not know or even figure what you're worrying about into any decision, assuming they ever even make such decisions. In the end, it's not their decision anyway, it's Walmart's decision, and what's their employees' time worth, as well as what's your value to them 5 years from now as a returning customer.
Any way you look at it, there's a reason this shakedown company is the one demanding, and there is a reason they demand millions of times a year with little actual litigation. Play it out.
Why don't you try a free consult with a consumer attorney, who might know if there is even any such legal activity in your area, or if it's just all bluff. He might even write a short letter indicating he is your representative, just to cut off the easy shakedown and shift the odds, for a fee probably less than they are demanding.
I was handed a retail fraud ticket and at the top it says Court Citation and Complaint and it says "date citation issued" on it. I don't know if this helps at all for determining if it was an infraction or misdemeanor conviction.
I was told that I did not need to attend my court date, but I'm planning on going (it's in a little under three weeks from now). I plan on asking the judge about potential probation like classes or programs similar to what you mentioned. I've never been to court, so do you have any tips on when I should say these things?
I also plan on not contesting the charge, and potentially asking about the option of community service instead of paying the ticket, but I'm not 100% sure if I want to do that or not. At what point in time would I go about mentioning these things aswell?
Thank you so much!
It sounds like you have little money.
Talk to a public defender, who should be able to fill you in on what's going on.
If it's an infraction, you might not have the right to an attorney, like a public defender, to represent you if your can't afford one, but if it's a misdemeanor or felony, you would have that right to counsel.
Key issue at this point is make sure it's not even a misdemeanor conviction, as that can follow you.
If the courts have some way for you to avoid that (many do), then take it, just like you would take traffic school to avoid a ding on your driving record that could affect insurance.
Secondary issue is how to pay it, if you have no money. Again, they may have some sort of alternative public service (washing police cars or picking up litter, or whatever), since there are probably plenty of such cases they really would rather get rid of some way.
Talk to a public defender.
(Note, I am NOT an attorney, in your state or any other. I simply study game theory, and this is a game.)
They were probably careful to avoid claiming it would, although their wording might imply it or leave you with that inference.
Put yourself in their shoes: What would you do? Do you look like a great opportunity for a lame civil case, after attorney costs, and with the possibility they might lose, or even win and not be able to collect?
Or is a few "growls" all it's worth? Stupid isn't profitable, so assume they're in it for a net profit, a little at a time, multiplied by a million letters a year, and not working too hard.
This is nothing BUT a scam. Go to the link about them I'm posting and read the truth about Palmer Scumbag Reifler and assoc. They are a phishing org that sends out approx. 1.2 million of these letters a year. This will tell you everything from an attorney. http://prascare.blogspot.ca/
IF you pay them anything you will end up on their sucker list which is shared with all retailers. You will be watched followed and monitored by every US retailer for ever, that right - the rest of your life. You owe nothing, do not pay these scammers anything, ever. It will be worse if you do!