My daughter was caught shoplifting goods for <$50. Will they sue under CPC 490.5?

Question

My daughter was caught shoplifting for goods <$50. Goods were returned to the store and now we got a letter from a law firm stating CA. penal code 490.5 allows them to sue up to $500. They are asking $375 to settle. What are the chances they will sue?

Answer 1

I did the same thing as a teen, I doubt they will sue. You may need to go to court though, i had to do community service.  

Answer 2

High, because they can.  And if they DO you will also be responsible for THEIR lawyer costs - making your costs even higher.  Just settle.  (I have had friends stupid enough to shoplift)

Answer 3

Call your local news station and let them run a story on this &quot;reverse shoplifting&quot;.  they might like it.  

Answer 4

The odds are very good that they will not file suit.  However a law firm in Florida recently was sanctioned for mailing 80,000 letters to potential shoplifters with no intention of ever filing suit.  Typically a lawsuit will not be filed unless the plaintiff believes there is a reasonable likelihood that they will collect money.  But always do the right thing!  

Answer 5

Lawyers troll the court dockets looking for potentially actionable cases, and send you BS letters like this to try to get some money out of it. Do not do anything, this is basically legal extortion. If you get a REAL lawsuit from the actual company, or their lawyer, then consult with an attorney (you may be able to get a free or $20 consultation), and consider settling if that&#039;s the case.

You can go to lawguru.com and post your question (include more detail about the letter) and a real attorney will answer your question.

Answer 6

I think that they are bluffing. You tell the law firm that you are not going to pay one cent. It is not worth their time to take you to court for $375.

Answer 7

Are they trying to sue for punitive damages or for actual costs they incurred?  If its for punitive damages, then I would not pay.  If the goods were returned in sellable condition, even the packaging was still good and the products were returned to the shelf, then there should be no reason to seek monetary damages.  Never settle...thats one of the biggest tricks in the legal system.  And always consult an attorney.