[ScottGem]

Does that even sound reasonable to anyone? Nothing happens without due process. In order for that fine to come into place they have to prove you were guilty and you have to admit it. If they have proof, they ask you to sign a form admitting your guilt, and attesting as to what took place. Then they are usually nice and let you off with a fine, and an agreement that you will not return to the store. Loads of people will admit to what they did and pay the fine to avoid a criminal record, HOWEVER, if you do not admit to your guilt they cannot make you pay a fine. Security will call the police and it will go through the legal system. If you are found guilty by a court of law, then yes they can make you pay a fine to the store, for cost of security, lost product, etc. Thanks for the laugh though.

Check the case law, I forget the exact cite but its from Hudson Bay Company.

[Fr_Chuck]

I am sorry if you feel it is not fair or right, but Scott is merely telling you what they do under civil law there. Stores have the right to impose their own penalty without going though the criminal courts ( although money do both) The store will at times allow the person the chance to take care of it though civil process, paying the amount allowed

If the person does not want to pay, and wishes to be sued in court, then yes they have their right to refuse to pay. But that does not stop the stores right to charge it without any additional due process

[Hundalei]

I understand to a certain extent. But a store having the right to place a fine does not in any way mean they will collect if a person disagrees without "due process". Either a person signs a form admitting guilt and paying the fine or the go through the justive system. Either one is a process is it not? It is not just a store saying hey we suspect you of this and now hand over $500 whether you agree or not. There is a legal process to fines happening either by admission signed or by court verdict.

[JudyKayTee]

I understand to a certain extent. But a store having the right to place a fine does not in any way mean they will collect if a person disagrees without "due process". Either a person signs a form admitting guilt and paying the fine or the go through the justive system. Either one is a process is it not? It is not just a store saying hey we suspect you of this and now hand over $500 whether you agree or not. There is a legal process to fines happening either by admission signed or by court verdict.

This has turned into a debate on a message board, complete with posts being pulled - maybe it's time to end the thread. It's no longer legal advice and it's into arguing what people can or cannot do, the powers of the Police and so on.

And I thought you said good-bye, you were leaving... yesterday.

[Fr_Chuck]

Post Closed