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Utah Civil Recovery Law (COURTS, LAWYERS & LITIGATION)

Thu, 02 Nov 2006 11:57:00 GMT

What is the name of your state? Utah
My 15 year old daughter was caught shoplifting a CD at Kmart in July. They told me at that time they would not prosecute but she would have to pay for the CD and I would be receiving a letter regarding that. Well, 3 mos later I get a call from an Attorney's office stating that they are civily suing me, her parent, for $725.00. I just dont know how to respond to this. Is this legal? Do I just let them sue me or will it be more money? My daugher is currently in a mental treatment facility. Please help me. Thanks

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  • Thu, 02 Nov 2006 16:42:00 GMT(1)
  • No parent or guardian of the brat involved is liable for damages , which is to say, will not get in trouble, under this section of the law if he or she , meaning the parent or guardian, made a reasonable effort to restrain the wrongful taking , meaning tried to stop the brat from shoplifting, and did not fail to report it to the merchant involved or to the law enforcement agency having primary jurisdiction after he or she knew of the minor's unlawful act, and, furthermore, turned the brat in to the store owner and to the cops. No report is required under this section from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the merchant involved. Meaning if the cops catch the brat first, then the parent or guardian of the brat is not required to turn the brat in.
  • Thu, 02 Nov 2006 15:36:00 GMT(2)
  • Posted for informational purposes only
    78-11-16. Joint liability of minor and parent or guardian for minor's shoplifting -- Exception.
    A minor and the parents or legal guardian having legal custody of such minor, as the case may be, who wrongfully takes merchandise by any means, including but not limited to, concealment or attempted concealment in any manner, either on or off the premises of the merchant, with a purpose to deprive a merchant of merchandise or to avoid payment for the merchandise, or both, are jointly and severally liable in a civil action, in addition to actual damages, for a penalty to the merchant in the amount of the retail price of the merchandise not to exceed $500 plus an additional penalty as determined by the court of not less than $50 nor more than $500, plus court costs and reasonable attorneys' fees. No parent or guardian is liable for damages under this section if he or she made a reasonable effort to restrain the wrongful taking and did not fail to report it to the merchant involved or to the law enforcement agency having primary jurisdiction after he or she knew of the minor's unlawful act. No report is required under this section from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the merchant involved.
    Amended by Chapter 6, 1991 General Session
  • Thu, 02 Nov 2006 12:32:00 GMT(3)
  • Quote:

    Originally Posted by lberkenmeier

    They did not quote me a statute. They just called me and told me they were civily suing me as a representative of KMart. I havent received a formal letter or anything.

    Ask and then tell us the statute number they are suing you under.
  • Thu, 02 Nov 2006 15:20:00 GMT(4)
  • Quote:

    Originally Posted by seniorjudge

    Ask and then tell us the statute number they are suing you under.

    Under Utah Code 78-11-16
    Please note that I did report it to the court system, her probation officer. No charges were filed but the judge who is handling her "ungovernable" charges is aware and she was put in a mental residential therapy program for three months. She has been diagnosed and going thru treatment and is doing much better. I am just wondering if they can just demand $725.00 for a $12 CD.
  • Thu, 02 Nov 2006 12:22:00 GMT(5)
  • They did not quote me a statute. They just called me and told me they were civily suing me as a representative of KMart. I havent received a formal letter or anything.
  • Fri, 03 Nov 2006 11:26:00 GMT(6)
  • If I turned her in and Kmart refused to prosecute, which means the court cant prosecute, then (KMart) can they still civily sue me? If so, by not prosecuting, because I turned her in, they still have the right to civily sue me? If so, this just doesnt sound fair. Should I let them formally sue me and get a judgement or try and settle?
  • Thu, 02 Nov 2006 13:25:00 GMT(7)
  • http://www.findarticles.com/p/articles/mi_m3092/is_n19_v27/ai_6680648
  • Thu, 02 Nov 2006 15:23:00 GMT(8)
  • Quote:

    Originally Posted by lberkenmeier

    Under Utah Code 78-11-16
    Please note that I did report it to the court system, her probation officer. No charges were filed but the judge who is handling her "ungovernable" charges is aware and she was put in a mental residential therapy program for three months. She has been diagnosed and going thru treatment and is doing much better. I am just wondering if they can just demand $725.00 for a $12 CD.

    as you can see from the article, they can demand anything that they want. Lots of people will pay, just to avoid the court case and hassle. Personally, no way would I pay $725. But that is just me, and not to be considered legal advice.
  • Thu, 02 Nov 2006 16:30:00 GMT(9)
  • No parent or guardian is liable for damages under this section if he or she made a reasonable effort to restrain the wrongful taking and did not fail to report it to the merchant involved or to the law enforcement agency having primary jurisdiction after he or she knew of the minor's unlawful act. No report is required under this section from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the merchant involved.
    **What does that mean?
  • Thu, 02 Nov 2006 12:16:00 GMT(10)
  • Tell us the statute number they are suing you under.
  • Thu, 02 Nov 2006 14:22:00 GMT(11)
  • Under Utah Code 78-11-16
    Please note that I did report it to the court system, her probation officer. No charges were filed but the judge who is handling her "ungovernable" charges is aware and she was put in a mental residential therapy program for three months. She has been diagnosed and going thru treatment and is doing much better. I am just wondering if they can just demand $725.00 for a $12 CD.
  • Leave a Comment Now.

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