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Palmer demanding 200.00
Anonymous5 views3 answers
My minor son was caught trying to steal 18.00 headphones. The headphones were returned undamaged, and I swiftly cut his drivers liscence up into peices (in front of police and LP at walmart) and he's grounded for the summer, on top of having to work to pay potential fines.... We have heard nothing from the courts. Then I get a letter demanding 200.00 and threatening to file civil suit against me... I have no idea what to do.
There is a Florida Statute which allows a store who was subject to a theft to seek and demand monetary damages. They can seek 200.00 even when the theft was of something worth 18.00 and the item was immediately returned undamaged. You do not say when the theft occurred. Some stores send the letters and then do not pursue the damages while others do. I would suggest you see an attorney and discuss this matter. If the store pursues the money, and you do not pay it, it is possible that they will receive additional monies for attorneys fees. On the other hand if your son pays the money prior t the criminal case occurring in certain situations it may be presumed by the prosecutor that you son committed the crime and it may mean the prosecutor pursues your son on the criminal allegations. You also do not say whether he was arrested, provided a notice to appear or just allowed to leave. There are too many questions unanswered for an attorney to answer the question as you have written. Have you son see an attorney immedidately.
In Florida, retailers are statutorily entitled to seek monetary relief from folks for acts civil theft. However, in order for a retailer to get the penalty, the retailer must first be able to prove (by clear and convincing evidence) that they were injured by your theft.
The statute (see F.S. 772.11 - for your convenience a link is attached below) authorizes the retailer to seek a minimum of $200 in damages, but to do so you either have to succumb to their demand (i.e. voluntarily pay them) or they (the retailer) will have to file a civil lawsuit, which will cost them hundreds just to file, and then hundreds or even thousands more to prosecute their claim.
In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is both a civil and a personal, not a criminal defense, related question.
FS 772.11 - Civil Theft / http://www.flsenate.gov/Laws/Statutes/2012/772.11
I hope that I have been helpful in answering your question.
Ignore the demand letter, they will not be filing suit against you, costing them about $340, just to do that, and then being required to prove their loss.
