Expert: Jack Toomey - 7/28/2009

Question
QUESTION: I just was caught shoplifting at Walmart.  Everything went very smooth and I signed a paper and I will have to pay an amount of money they will let me know by phone of letter.  No police was involved but they said I cannot comeback to Walmart or Sams for one year.  I intend not to say anything to my husband because it would be very embarrassing, but we go all the time to sams and walmart.  I will not do anything like that in my life again but I will have to go to Walmart or Sams with my husband again.  How can they identify me and can they arrest me?  What a stupid thing I did

ANSWER: I am not sure how they can make you pay "an amount of money".  Who are you paying this money to?

You are also very fortunate that the police were not involved because you would have had a criminal record for the rest of your life.

Trust me.  Major chain stores have a lot of security and you pass them everyday without knowing who is who.  The also have cameras all over and if you are seen inside of one of their stores you very well could be arrested for trespassing and then you will really will be in trouble.

---------- FOLLOW-UP ----------

QUESTION: I will have to pay a certain amount of money to a law firm they said will contact me.  I am so scared about this...  Mostly for telling my husband.  So do you really think that I am at risk if I go to Sam's with my husband?  My problem was at Walmart.  I do not intend to go back to Walmart anymore but Sam's, will they exchange videos and things like it?

ANSWER: If they are telling you that you have to pay money to a law firm I would be very suspicious about that.  Lawyers defend people in court who have been arrested.  You don't pay a law firm unless you are aware why you are paying them.  Are you sure that whoever you dealt with is not planning to charge you by citation or by other means?  

If they told you not to go to Sam's then that is what they mean.  You can't go there.  Both of these companies are probably co-owned thus the dual ban.

I would like to know about this payment to the law firm.  That does not sound right.

---------- FOLLOW-UP ----------

QUESTION: They gave me a fotocopy of a letter from a company called PALMER, REIFLER & ASSOCIATES, PA.  The letter says that Walmar has retained this law offices to recver the civil damages and/or penalties, which they suffer as a result of the shoplifting incident.  Under state law, my actions may trigger both criminal and civil actions.  It says.  Then the letter says they will contact me by letter of telephone to seek resolution of this matter,  If I do not answer a lawsuit can be filed against me.  It says that Walmart will seek court costs and attorney's feel if I do not answer in a timely manner.  Then they say that they want to resolve this matter in a pleasant manner so I have to respond his phone calls and or letters and I can make payments at www.PalmerPay.com.
Honestly, I took about $80 and I am guessing that I will have to pay like 8 times than amount of money.  I return all the products of couse and they were not damaged or altered.  Oh!!  God, what do I do!!!  Thanks for being so nice to me.  You make me feel not alone but I cannot look my husband's face and why I did such a terrible thing my God!!!

Answer
Now we are getting into another area.  I have never heard of a major chain store having a law firm contact the person who was caught shoplifting.  I would recommend that you talk to an attorney to determine how you should respond to such a letter or telephone call.  This will probably end up costing you money.  It could be that if goods are stolen that they can't be sold so that is what the law firm is trying to recover but it still sounds shady to me.

As far as your husband that is a decision that you are going to have to make.  Talk it over with your most trusted friend and see what she says.


This is an addition to my last answer;

You might be interested in this;

  http://orlando.bizjournals.com/orlando/stories/2008/07/07/daily25.html