Other Criminal Charges & Offenses Do I need to pay the fine of a civil demand letter from sears because

Status
Not open for further replies.

tanxiongluo

New Member
I placed 20 orders at sears.com by 20 accounts several days ago, so they are all free after points applied. Today I went to Sears store for picking up. The cashier found too many free orders,so he told manager , and then manager discuss with legal assistant. A legal assistant told me I would receive a civil demand letter including 10 time fine because multiple accounts and coupon abusing. He did not call police and I didn't sign any reports. He just wrote down my name, address and other information from my drive license.At that time, my brain was blank and I don't know what I should do next? I stand there for a long time. At last,the cashier pushed the shopping cart filled with theses items to my car, and then move these items into my car one by one. Finally I gave the cashier the tips $5. He took it and very happy.Now I don't know what I should do next? Do I need to pay this fine? Are his words true and legal?Do I need to return these items?
 
You did not like the advice you were given elsewhere?
 
If you're smart, you do nothing.
The idiots gave you the allegedly stolen merchandise.
If that's true, you didn't steal it.
Their employee even took it to your car.
From this point forward, don't speak of this.
If you receive a demand letter, take it and proof (pictures of the merchandise) and all proof of purchase (receipts) to a local lawyer.
Whatever you do, don't communicate directly with the merchant or his agent.

That's what your lawyer will do.

Legally,you didn't shoplift.
I won't discuss the morality of this, as its not relevant.

Remember, don't speak or write of this again.
Do keep proof of the items (take pictures) and the receipts.
Do write down every spectrum of this encounter.
Do include date, time, location, names, what was said by whom, and every detail of this bizarre (IF TRUE) event.
Keep that memorialized account of the BIZARRE event for your visit (if necessary) with your attorney.
Do see a lawyer, if and when you get a demand letter.
Take the items I mentioned with you when you visit the attorney.
 
Last edited:
It's good you didn't sign anything. As Army Judge noted, hold & see if you get a demand letter & if so, talk to a lawyer.
 
I am a retail theft consultant and answer questions like your daily. I think you already know your answer but someone to tell you what you want to hear. The choice is yours to pay or not I suggest you pay. the consequences for not paying can be long term and severe. I also suggest you read this http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 about this very subject. Bottom line is Civil Demand is law and its your choice to do what you feel is best in reply to it. I can tell you I do know of cases that hav gone to the extreme in cases where the shoplifter did not pay but I as admit this is not a frequent occurrence
 
As you describe it the merchandise was not stolen. It does not help the store's position that after being alerted to the situation they assisted you with taking the items. This is not theft by any stretch, especially because they became aware and allowed you to continue. They could have simply refused the transaction and messed up by allowing you to take the items.
If you get a demand letter you have no obligation to pay it. Talk to a local attorney and consider your options.
All that said, you should have expected some trouble by ordering as you did, but the store blew it on their end.
 
I saw but did not read the terms and conditions of the offer OP used. They usually cover this as a prohibited act so it would then be theft.
 
The terms and conditions could make a case for declining the sale, but only the Penal Code defines theft. This is not theft or fraud.
Perhaps there was an argument to make for fraud, but not after the store became aware and knowingly continued to assist with the transfer of property.
A typical civil demand letter with threat of criminal action would fall flat if challenged.
A civil suit may also go nowhere for the same reason. The store had opportunity to refuse the transaction after discovering the matter and did not. This loss is the fault of the store.
 
Status
Not open for further replies.
Back
Top