My daughter was aressted for retail theft at the local K Mart, she has been to court and has gone to the class ordered by court and has another court date coming up. We the parents are being sued by K mart through their law firm, Palmer, reifler.
For an outragious amout. Being that she was 18 at the time of the act we don't feel it is our responsibility to pay for her misstake. According to the law are we really exspected to pay this? If we refuse to pay it do we still then have to go to court? Is it possible they will drop it?

Hello Treeny:

You aren't responsible for the actions of another adult, unless she wasn't an adult WHEN she committed the crime.

Plus, if one is a victim, the correct way to collect is RESTITUTION, not a civil law suit. You do have to defend yourself, however, or you'll lose automatically. Will they drop it? If they think they're going to lose, they will. If they think you'll lay down for them, they won't.

How much money are we talking about? Are they suing you in small claims court?

excon

My opinion may be incorrect, however I do not believe you are responsible in any way even if your daughter is living under your roof. Eighteen is legally an adult in most states and they are responsible for their own actions.

To be sure; contact an attorney, I wouldn't just ignore it.

I am a little confused though, what exactly are they suing YOU for?

Just wondering. If your daughter is a student, and you still have her on your insurance and claim her on your taxes wouldn't that make your responsible for her?

Thanks for reply...

3rd notice $700.00,
It says If our client chooses to pursue this matter in court, you would be served by sheriff
Or other means with summons.

This is separate from any thing with the court for my daughter.
This is Kmart suing us , the parents.
So confussed,

They are suing us because she is our daughter I guess, I dident steal the makup...
Yes she is a student in college. And lives at home.

That is my question if she is an adult and living at home are we liable by law.
What if she was 30 and still at home and did this are we as parents liable until they are
Out of the house?

It doesn't sound like you should be responsible for paying for damages that she caused. It's up to her to make restitution. K-Mart's law firm may just be trying all angles. You may want to write the law firm a letter (or have your attorney do it on your behalf) explaining that you do not consider yourself responsible for making restitution and, consequently, have no intention of paying anything. Indicate that you expect your daughter to be the one making restitution.

First at this point they are not suing you, they are sending threatening letters, ( phone calls will come soon) to try to scare you. They know a 18 year don't have the money but parents will.

They can sue you of course, but they would lose if you show up and fight it, They can know they will lose but still sue hoping you will pay or not show up.

Quote:

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Originally Posted by Treeny

it says If our client chooses to pursue this matter in court, you would be served by sherif
or other means with summons.

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As Chuck noted this doesn't mean you are being sued. It specifically says that no court remedy has been sought yet. Only that their client MAY choose to sue. But they won't since they don't have a leg to stand on.

I would get an attorney to send them a letter to the effect that:

Dear Sirs,
My clients <insert names> are in receipt of your letter of <insert date>. Since their daughter was 18 at the time of the incident, they are not financially responsible for any actions you committed. As lawyers, you should be aware of this. Which means your threats of legal action constitute harassment.

If you continue to harass my clients over this matter, they will report your unethical actions to the local Bar Association and pursue other legal remedies.

That should put a stop to it. If you don't want to pay an attorney to send that letter for you, then reword it to come from yourself.