AboutAndrew Expertise I can answer issues on retail theft/larceny/burglary, general statues on shoplifting, court procedures on theft, employee dishonesty, internal investigations. Unfortunately I'm not too experienced in the area of general Human Resources.
Experience Internal investigations, administrative discharges, shoplifting, professional shoplifting groups, refund/return fraud, check and credit card fraud.
Question Dear Andrew I got caught shoplifting in the state of Va and am only 15. The value of the items was slightly under 40 dollars. They did not call the police but said Walmart could sue me. Are they likely to sue me and how much will I have to pay?
Answer Dear Bob,
I am not one to lambast people, but hopefully at 15 you've learned that this is an experience you don't want to repeat.
Without having full details of the incident, I'm sure Wal Mart stopped you, recovered their stolen merchandise, and notified your parents (I've worked with Wal Mart Loss Prevention before. They're pretty consistent). In their presence they more than likely had you sign a tresspass agreement (or at the very least, verbally acknowledge your tresspass from that store) and agree to a civil demand notice. Civil demand is essentially a remedy for retailers to cover costs associated with detaining shoplifters and recovering merchandise. It penalizes the shoplifter with paying for the merchandise plus a general fine. Usually the fine is between $150-$600 plus the value of the stolen items.
Could Wal Mart sue you? Yes, they could. The civil demand is a legal contract. You agree to pay Wal Mart back for the manpower and time they had to spend apprehending you and recovering their merchandise. Essentially depriving them of their time and merchandise. Wal Mart, like all major retailers, have legal counsel who pursue civil demand notices given to shoplifters. They will make multiple attempts to collect. If you don't reply to their collection demands, they could serve you with a civil notice and sue you for the money. Plus, if they wanted you, they could still prosecute you.
I would pay the civil demand and hopefully never shoplift again.
