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    dw9876's Avatar
    dw9876 Posts: 2, Reputation: 1
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    #1

    Jan 2, 2010, 03:49 PM
    Can a store charge parents a fine for a 13 year old shoplifting
    My 13 year old was caught shoplifting with a friend, they had 2 shirts worth $12 total. They released her to me and still had their property. Can that store charge me a $400 fine? No police were called, just their risk management department. We live in Texas.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 2, 2010, 03:50 PM

    Yes, since the child is a minor you can be held responsible.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 2, 2010, 04:09 PM

    Hello dw:

    I agree with Scott, in that IF your child IS responsible, you would be too... But, the question remains whether your child would be responsible to pay the store a $400 "fine"...

    This situation has been discussed here on the legal boards many times. Usually, though, it's a Canadian company and Canadian laws that we were dealing with, and there's been no resolution. The answer has been given both ways..

    However, this being Texas where American laws apply, it would be MY opinion, that the "fine" is not legal and that you are not required to pay it, your sons age notwithstanding.

    I'd LOVE for you to tell them no, and I'd LOVE for them to sue you. I'd LOVE for you to defend yourself, because I'd LOVE to hear what a judge has to say about it.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 2, 2010, 04:23 PM

    I just did some research on this. They are called "Civil Demand Letters" and are permitted by law in several states (though I couldn't find if Texas is one of them).

    California, specifically, allows them, see penal code 490.5. But generally they are more bark than bite. This article may help you understand:
    Civil Demand After a Shoplifting Arrest in California -- Penal Code 490.5 - Avvo.com
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