Should I take legal action or not?

Question

I was arrested for theft of purchase eating breakfast at Jim's restaurant because my credit card got declined and I made a joke that you'll just have to have me arrested----AND THEY DID!!! I was arrested with silverware still in my hand! I have been in full-service rest. mgmt. for almost 2 decades and know that it is not considered actual theft of purchase unless you make an attempt to leave, which I did not. I was not asked if I had other means of paying, which I did, not to mention that I had a cell phone and could of called someone to assist me.

I'll never make that joke again! My dad does it all the time and usaully they say that there are plenty of dishes to be washed! He hasn't had his credit card declined either, though.

I'm really not the type that believes in senseless law suites---but I feel extremely inconvenienced and violated.

Answer 1

I would pursue the issue for the sake of making a point to the management of the restaurant. The actions they chose were wrong. It is NOT theft of purchase unless you "dine and dash". What is the world coming to if you can't make a light hearted joke to relieve the tension of an awkward moment?

Answer 2

What is it with people and senseless law suits these days? Seriously, everyone needs to stop suing over small things like this. How is this going to make you feel any better? Give it up and just don't go back to that restaurant. Write a letter to the editor so people know how you were treated there.

Answer 3

Your comment about " You'll just have to have me arrested" can be taken, by a reasonable man, to mean that you have no other means or do not intend to pay.

Here's a case where your big mouth got you in trouble

Not everyone has your sense of humor.

You did not have to attempt to leave once you uttered those fateful words.

You had refused to pay in so far as they were concerned.

They overeacted, obviously, but your wise guy answer  is their defense against a lawsuit.

Answer 4

Since there is generally no cost to speak with a lawyer and since a suit of this kind woulod normally be handled on contingency (Meaning the lawyer gets paid only if they win money for you) I would suggest interviewing 3 awyers and seeing which one feels this is a strong and winable case.    You might also want to ask if they see a cause of action against law enforcement who should have mediated a bit like asking if you could pay in another way.

Answer 5

I would at least talk to a lawyer.

I wouldn't mind hearing what he/she has to say if you don't mind posting it here.

Good luck.