Several weeks ago (Dec 08) my juvenile daughter was arrested for shoplifting at our local Wal Mart store. The stolen items were recovered prior to departure from the property. The stolen items she possessed were all non-perishable and returned. While it's speculative the items were resold its common practice our Wal Mart resale's items not damaged. The two items were clothing and the tags were still intact. Thus it's my opinion there are no ACTUAL damages.
My juvenile Daughter was prosecuted for the crime through Juvenile authorities and more severely by (me) her parents.
A couple of days ago my juvenile daughter received an envelope addressed to her from Bennett & Delony P.C., 265 e. Fort Union Blvd Suite 150, Salt Lake City, UT 84047-1808. (Representing our local Missouri Wal Mart store)
Inside the envelope a letter was addressed to: Dear Parent or Guardian of (My daughter's name).
The letter purported, by stating The law in your state authorizes the merchant to recover civil damages / and or penalties, which they suffer as a result of shoplifting, from the parent or guardian of the minor who shoplifted. That I was responsible for paying $100.00 or subject to be sued civilly and having to pay attorney fees on top of the $100.00.
Attached to this letter was a copy of Missouri Revised Statue 570.087 (http://www.moga. Mo. Gov/statutes/c500-599/5700000087.htm) making it look more convincing and legally accurate.
This Missouri statute clearly DOES NOT authorize the merchant to recover civil damages from the parent or guardian of a minor who has shoplifted. It only authorizes the merchant to recover civil damages if the shoplifter is an adult or a minor who takes possession of the stolen items.
While I certainly understand my minor daughter could possibly be a party to a civil suit I can not. The letter falsely purports that I need to pay this and falsely claims the law in my state (Missouri) allows the merchant (Wal Mart) to collect this money from the parent or guardian.
My concern is how many other parents in this state (not knowing the law) is intimidated by this Law firm with threats of a possible civil suit plus paying all attorney fees thus forking out the $100.00.
Very Respectfully,
Frustrated parent in Missouri
0 comments