| 3/29/2008 12:03:37 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
cornman
Philadelphia, PA
age: 51
| Hi, everyone! A relative of mine, 18 years old, was stopped for shoplifting $20 worth of merchandise at Walmart a couple of months ago. Yes, he was stupid! He was taken into the security room, questioned, identification checked and told to sign an admission of guilt. The police were not called. A month later, he started getting calls from an 800 number, a "legal service" the caller ID said, and after a prerecorded message, a live person would get on the line and tell him to pay a "civil fine" of $150. They said he could pay with a credit card, but naturally, he wouldn't just give his credit card over the phone to someone he doesn't know. Have any of you heard of "civil fines" and are they valid, or have you heard of similar experiences. I told him to contact a lawyer, but that will cost close to the amount of the fine. Any suggestions or lawyers out there? He also looked up the "law firm" on the Internet, and many of the searches show it to be a collection agency with a lot of state attorney generals filing complaints about them. The "firm" is the law offices of Bennett and DeLoney, P.C.
[Edited 3/29/2008 9:35:36 AM]
|
| 3/29/2008 4:50:17 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
sea_dragon
Crystal River, FL
age: 31
| I would call a lawyer. A lot of them offer free consultations. If it is legal, then it would sure beat getting a criminal record. If it is legit, I would offer to overnight a cashier's check.
|
| 3/29/2008 6:01:10 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
wonderturtle
Overland Park, KS
age: 41
| here's what wikipedia says about it..
A civil penalty or civil fine is a term used to describe when a state entity or a government agency seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary.
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into the millions of dollars, it would be uncomfortable to subject citizens to them by a burden of proof that is merely a "preponderance of the evidence." Therefore, the assessment of most civil penalties requires a finding of "clear and convincing evidence" before a civil defendant will be held liable. A defendant may well raise excuses, justifications, affirmative defenses, and procedural defenses. An administrative law judge or hearing officer may oversee the proceedings and render a judgment.
In some cases, a civil penalty may be supplemented by other legal process, including administrative sanctions or even criminal charges, and their respective appeals. For example, failure to pay a fine assessed for a traffic code violation may result in administrative suspension of a driver's license, and further driving after suspension may be a criminal offense. On the other hand, a minimal case may be "put on file", or otherwise suspended for a period during which the defendant may be required to avoid further violations, or carry out specific duties (such as making repairs or restitution, or attending supplemental education), after which the matter is dismissed.
In other cases, such as public safety and consumer protection violations, the local authorities may revoke permits and licenses, and seek injunction to stop or remove non-conforming works or goods, in addition to the civil penalty.
Pending or admitted civil violations may also be used as evidence of responsibility in a civil suit. One example is speeding causing in a car accident, resulting in a wrongful death claim. However, the plaintiff may be required to prove causation through a harm encompassed in the regulations.
I say get a lawyer..but I think this one may be a scam.. I don't think the local government or courts would contact you via an 800 # to inform you of your fine..more likely a letter in the mail..
It sounds like someone is trying to make a buck at his expense..good luck and let us know the outcome.
|
| 3/29/2008 6:29:32 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
witchiepoo
East Hampton, CT
age: 48
| If the police were never called DO NOT PAY ANYTHING you will be contacted by Wal-mart to make any restitution to the store. And/or told to never set foot in that store again. Never talk to anyone over the phone on legal issues until you are sure who they are. If the police were never involved you have not been arrested. PAY NOTHING
JMO with daughters experience at 16 
|
| 3/29/2008 7:15:21 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
libra75
Garfield, AR
age: 32
| Down here at the walmart i used to work at.....
They wont even try to stop anyone if they aint shopliftin' more than $25 or $30 worth
of stuff......
|
| 3/29/2008 7:18:00 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
wonderturtle
Overland Park, KS
age: 41
| Oh geez.,.I just realized I need a vacation..I'm on vacation for the next week and a half..I work at Sam's club..and the first time I see a post about walmart , I have to jump in..
|
| 3/29/2008 8:05:12 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
wildgypsy
Bellevue, WA
age: 88
| RFLMAO, I get a call like this and all I will do is laugh. The fact that he even signed that paper confuses me a bit as well.
Sounds like nothing more than another scam, and would wait to SEE A JUDGEMENT FROM A COURT before taking it seriously in any way.
|
| 3/30/2008 11:41:57 PM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
ollieottis
Traverse City, MI
age: 57
| dont feel bad wonder--i havent worked at walmart for over a yr and half and still look when i see walmart--it was same at walmart i was at--did not do much or anything for 25 dollars or so--i think a scam also
|
| 3/31/2008 12:24:52 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
im_geminigirl
Willard, MO
age: 44
| The courts would mail him a ticket with a court date...I have heard as well that Wal-Mart don't pursue charges unless it is over $xx...
the next time they call he should say 'take me off your calling list' if they call back three times after that its harassment...
he should definitly go online and report to the state general attorney...
|
| 3/31/2008 9:55:17 PM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
1pinkstar
Omaha, NE
age: 54
| The reason most places will not pursue a thief is because it cost at least $50 in filing fees to pursue a court case.
It is obviously a scam, and no one can collect any fees without a court order. There are no Fines without a judgment--what a scam!
The only way a person can have a judgment against them is to be served with papers by a process server, a sheriff or certified mail, and then they would have 30 days to respond to the Complaint.
Call Legal Aid or a law school nearby if you need a second opinion. This should be free!
And, definetely call the attorney general's office....someone is taking advantage of this incident. What I would be interested in knowing is how they obtained the information. It is not like it is public information. They could be in trouble for malicious prosecution....and trying to make money off someone's mistake.
A collection agency is basically powerless without a court judgment. Their job is to intimidate people into paying. I would return all mail you get from them, marked "Refused." or "Not at this address." Do not accept any certified mail from them, either.
If they call again, tell them specifically, with these words, "Under the Fair Credit and Reporting Act, that I am asking you to quit calling here." Use those exact words.
Then call your state's attorney general with what you posted here. It may not be a law firm.
[Edited 3/31/2008 9:56:16 PM]
|
| 4/1/2008 4:24:53 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
nicksterdemus
Little Rock, AR
age: 50
| I love this this line of thinking. Caught yet surprise, surprise, "I don't wanna pay."
Correct me if I'm wrong but, wasn't that same flawed line of thinking that contributed to the young man's criminal activity originally?
Coddle Momma's little baby coz all he did was allocate supplies from a mean ole conglomerate.
I like this as a deterent/fullfulment of obligation.
"A local Alabama judge has teamed with Wal-Mart to punish shoplifters with shame, making them don sandwich-boards reading “I am a thief; I stole from Wal-Mart” and parade in public, BusinessWeek reports. More than 20 culprits have received the sentence in recent months; the world’s largest retailer sees about $3 billion of merchandise leave the stores illegally each year."
After the first offense lock them in stocks and let the customers have at them with produce gone bad.
|
| 4/1/2008 6:35:33 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
1pinkstar
Omaha, NE
age: 54
| Seems a little harsh to treat a minor child that way. (And 18 is a minor in my state.)
What bothered me was the "Legal Services" company...they must have had an inside source to set up that scam.
|
| 4/1/2008 6:44:10 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
tfortexas
Big Sandy, TX
age: 56
| My son works for Walmart and the police are always called to haul the shoplifters in.
|
| 4/1/2008 6:55:14 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
wildgypsy
Bellevue, WA
age: 88
| nick LOL So, did any speak english? LOL Yeah, here, I only go to Walmart to mess with the stockers. As they go about turning everything so that the side with the spanish faces front, I follow only a foot or two behind turning them so the english side shows. Every time they give me a dirty look I say, "This is the United States, not Mexico". None has been willing to risk their job by saying anything after that LOL But the dirty looks, LOL get a lot of those, and usually make exaggerated funny faces (although similar enough to their own expressions to show that I am clearly mocking them).
Sorry, just ran into this yesterday at another store, and yeah, did the same thing. Looks like I don't have to drive all the way to Walmart to play this game. Sick of it.
|
| 4/1/2008 7:00:58 AM | Accussed of shoplifting at Walmart, "legal service" civil fine | |
nicksterdemus
Little Rock, AR
age: 50
| 18 ain't a minor in my state. Walyworld outsources to collection agencies to collect debts owed.
http://walmartwatch.com/blog/archives/wal_mart_gets_tough_with_kids_on_shoplifting/
http://www.newser.com/story/19568.html
While I don't doubt the pentalties seem excessive at the same time I have to remind myself the cause of this situation lies at the young man's feet...
_________________________________
If ya can't do the time don't do the crime. What did the gent think he was signing? Some kind of promise to go to church more often?
Twenty dollars of goods + fee (if it helps think fine)of $130. Sounds about right to me. When's the last time ya had to pay a moving violation ticket or court cost for such? Sounds like he's getting off easy as I'm sure this was his first time.
What's he expect a mulligan?
[Edited 4/1/2008 7:17:42 AM]
|