Basically! They just took down my info, told me the police weren't going to get involved and that my name was in their system. Said they'd send me a small fine--even the worker who caught me was like, "It's not even a big deal." I feel like a DUMBASS, though, not even worth it. Anyway, so what I stole was less than $10. How much would the fine be?
In the future, don't ever allow evil temptation to overcome your common sense.
The reward you desire is never worth the risk, as you've seen first hand.
What you decide to do about the letter is entirely up to you.
The Texas Theft Liability Act is a civil statute which may allow for the companies to sue someone in civil court for money losses (Tex.Civ.Prac.&Rem.C. Chapter 134). Section 134.003 says, "a person who commits theft is liable for the damages resulting from the theft." Section 134.005(a)(1) holds that the damages they could win in court are, "the amount of actual damages found by the trier of fact and, in addition to actual damages awarded by the trier of fact in a sum not to exceed $1,000."
Note, that is what the law in TX says you can be sued for by the merchant.
That law is silent on what some call "demand letters".
The problem the retailers usually have with being successful in this claim is that in shoplifting cases — the items alleged to have stolen are virtually always recovered. Therefore, a retailer cannot honestly say they've suffered any damages "resulting from the theft." Some will argue that the fact they have to hire loss prevention personnel are damages… but they're not damages that resulted from THE theft in question. For a theft to have been consummated, the item alleged to have been taken must have deprived the owner from ever possessing it again. In your case, the merchant's agent recovered the item from you.
The legal question (and your defense could be), was the theft actually completed, as the statute dictates?
So, you can acquiesce to their demand, and pay the tribute. I am told it is on the order of $400 to $500 initially.
Finally, Section 134.005(b) states, "Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney fees." This can be interpreted to be a "loser pays" provision. Meaning the store comes to court and loses — they pay for your lawyer.
The law as written and passed by the TX legislature:
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.134.htm
Texas has no provision to permit "civil demands", nor are they prohibited.
As in all civil disputes, the merchant is free to settle the matter out of court.
That is why they don't threaten you with criminal prosecution if you don't pay.
If they did, they themselves could be prosecuted for extortion.
Texas law is similar in many respects to its neighbor states, yet it is often quite divergent.
Such is Texas' position on these demand letters.
However, a merchant is free to sue you to recover any property that was purloined.
A search of my Lexis-Nexis and Westlaw shows no such lawsuits have ever been brought in Texas.
That doesn't mean they haven't been brought, just not brought in County Court or above.
If any were brought, they were most likely litigated at the JP Court, or the Muni Court level.
What you should decide to do about ever taking anything that doesn't belong to you, should be to never even consider stealing, much less actually stealing.
There are those that will argue this to the contrary.
So, seek a real legal opinion from a lawyer licensed to practice law in Texas.
I hold such a license, but am not giving you a legal opinion.
I am simply offering you information that you can further research, and encouraging you to seek a legal opinion from a Texas licensed attorney in your county in regard to this matter.
The initial consultation is normally offered free of charge, so if you're smart, ask two or three different licensed attorneys.
By the way, only a licensed attorney can offer you LEGAL advice.
One lawyer's legal opinion:
http://www.avvo.com/legal-guides/ug...in-addition-to-or-instead-of-criminal-charges
Read this analysis and explanation by our esteemed site owner, and revered colleague:
http://www.thelaw.com/guide/civil/civil-recovery-demand-letters-for-shoplifting/
Read this, and react as you feel appropriate:
http://www.avvo.com/legal-guides/ugc/civil-demands-in-shoplifting-cases
Read this, and see how others have reacted:
http://www.topix.com/forum/city/jonesboro-ar/TF8HCQM4OJRNDGN6R/p2
http://community.lawyers.com/forums/t/103682.aspx
