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    M.Joyce's Avatar
    M.Joyce Posts: 1, Reputation: 1
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    #1

    Aug 17, 2010, 07:47 AM
    Sears canada civil recovery
    My son was with a friend who was caught shoplifting at a sears store, he got arrezsted because he was with that friend . Weeks later we were told in a letter we should pay $500.00 or face civil court. Since he is a minor are we obgligated to pay since the single item is way less than $500.00 and was retrived by the store security. The joke is on the letter there's a number to call but no one take the phone , you have the chance to leave your message for a call back during the next 24 hrs but no one called. This is like a joke to make you pay. Is there any lawyer that can tell how serious this is or should we all just get together and sue sears for all the head aches/ health we are having!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 17, 2010, 07:50 AM

    Let me get this right - your son was shoplifting, Sears is attempting to get back the cost of processing him (which they are entitled to do under Canadian law), you think their attempts to collect are a joke because an answering machine picks up the calls to the number Sears provided and you want to sue Sears for YOUR inconvenience?

    Do I have it right?

    In a nutshell - you have no legal grounds to sue anyone. I think I'd stop being angry with Sears and start being angry with your son for no other reason than he should pick better company.

    If he had nothing to do with the shoplifting, wasn't a lookout, didn't assist, just happened to be there, then retain an Attorney, allow your son to be arrested and fight the charge.

    If you have plenty of time and money, by all means consult an Attorney about a class action lawsuit - let us know what his/her advice is because up to now this has been perfectly legal in Canada.

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