Shoplifting, Larceny, Robbery, Theft Shoplifting...really urgent...

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sweet_jc_baby

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hello to everyone,because we are not americans(chinese) so our english are not so good,we just can use very simple words to discribe what happened.

my friend(travel visa,she will go back in one month). But she went to the century 21 around begining of DEC,she put a lot stuff in the shopping cart that she planed to buy(including her bag and jacket),after a while, she want to go to the bathroom(still in the store),the machine(before go to the bathroom) start ringing,coz she didn't notice that some stuff(about $60-70) fallen in her bag,then security took her to the room and talked to her,want her sign the papers,according to the security said,those papers are for her can't go to any of their stores,but the problems she didn't mean to steal ,she just want to go to the bathroom,but security didn't listen to her , didn't give her a chance to explain evertyhing ,he lied to her after she sign the paper they will listen to her and talk(won't put her in the jail or called the cop).

She tried to read the everywords on the paper,but they didn't let her do that, they force her sign or not, she didn't want to go to the poice office or have and bad record, but at same time she ask them if she can call the lawer,they didn't let her do that too.

Then,two cops came to the room and talked to securites, then they gave cops some papers,but my friend didn't bring any ID with her,only some money, some stores business card and a debt card.

after a few days later,she got a letter from law off(not sure it belong to Century 21?they said she have to pay about $300,so our questions are :
1.why did she pay the law office(coz we read something about this on this website)
some people said only judge have rights to ask people to pay,so what should we do ?
call that law office or just ignore?

2.if they don't have her ID,only have those papers she signed or her name and pic,if she just ignore and go back,what will happen to her?will she have any record left?if one day she wanna come back or apply visa again,that will be problem for her?(she has a plan to come but not so soon), or their computer will have any connection with poice office,court or immgration?or anyone like court or cop will find out her passport and chasing her?(PS:she didn't go to the poice office or didn't do any finger prints,only signed some papers and took a pic in the store room)

3.when she was in the store,those security didn't listen to her and forced her to sign the papers,didn't let her make any call,even lawer,is that right?

4.she didn't mean to steal ,she just want to go to the bathroom,but they knew she didn't understand whole english coversation,and lied to her to sign the papers,when police came to the security room,the security say: didn't force her to sign the paper ,i didn't lied to her that i won't call police,and police say they can say anything to make you sign.even it's lies.
is that right?

so what can we do now?if she didn't mean to steal ,she just didn't notice that,and in that situation ,she didn't understand every words they said ,what can we do to protect her?should we hire a lawer?or just ignore the letter not to pay ?


really urgent ,coz she really doesn't want to go to the jail or have bad records,if today she can pay for her mistake that she just didn't notice that, she will ,but she also wants to make sure if she pay,she won't have any problems or bad records here,coz she still plan to come back some day, coz her bf is here,she didn't want her bf know this.
so what can we help her now?does anyone can recommed the good lawer if we need to?

she alread feel very sad and got punishment now, she can't sleep, can't eat, she just doesn't want to go to any stores, she just wanna stay out of door,coz she think she didn't mean to steal ,why didn't they give her a chance to explain?she didn't walk out the store.

btw,if anyone can speak chines,that will be greatful,coz some of conversations here we really understand all of them(coz we have to use translete system) thank you
we reallly need professional suggestions from lawers whom ever deal with those kind of cases.

but we are also welcome all of people here give us some suggestions,coz we really need an urgent help before she go back ,she doesn't want to go to the jail or bad records and she doesn't want to have a bad record to escape and can't come back anymore.
 
You need not worry about any of this mess.
You can simply go back to China and no one will ever know your dirty little secret.
Wait, it gets better.

They can't touch you in China.
In the great country of China you will bevsafe from oppressive US security agents.

Hurry, go back to China and no one can harm you or make you pay for this unfortunate incident.
 
lol, going back to China would solve her problem for now but if she wanted to return one day then she may have problems then. She can speak to a local attorney to see what they think is best for her. Me? I would split.
 
No, you do not have to pay the money to the law office. However, if you do not pay the money you MIGHT have to go to court.
If your friend feels like things were not handled correctly, or that your friend was lied to or did not understand the proceedings, then this can be addressed in court.
Problem is, the document that your friend signed was a confession of having deliberately stolen the merchandise. If you refuse to pay and go to court your friend can argue that English skills are poor and did not understand what was being signed.

Anyway, my personal choice would be to refuse to pay. You are correct- ONLY a judge can order the payment. What you have right now is a request to pay in order to avoid further proceedings.
 
NEW YORK CIVIL SHOPLIFTING LAW

New York General Obligation Law section 11-105 reads in pertinent part:

5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be

civilly liable to the operator of such establishment in an amount consisting of:

a. the retail price of the merchandise if not recovered in merchantable condition up to an amount not to

exceed fifteen hundred dollars, plus

b. a penalty not to exceed the greater of five times the retail value of merchandise or seventy-five dollars,

provided, however, that in no event shall such penalty exceed five hundred dollars.

6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny

against the property of a mercantile establishment to the operator of such establishment in an amount consisting of:

a. the retail price of the merchandise if not recovered in merchantable condition up to an amount not to

exceed fifteen-hundred dollars, plus:

b. A penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars,

provided however, that in no event shall such penalty exceed five hundred dollars.

7. A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining

judgment, or collecting the judgment under this section.

8. The fact that an operator of a mercantile establishment may bring an action against an individual as provided in

this section shall not limit the right of such merchant to demand, orally or in writing, that person who is liable for

damages and penalties under this section remit the damages and penalties prior to the commencement of any legal

action.

9. In any action brought under subdivision six of this section, the court shall consider in the interest of justice

mitigating circumstances that bear directly upon the actions of the parent or legal guardian in supervising the

unemancipated minor who committed the larceny.

10. An action for recovery of damages and penalties under this section may be brought in any court of competent

jurisdiction.

11. The provisions of this section shall not be construed to prohibit or limit any other cause of action which an

operator of a mercantile establishment may have against a person who unlawfully takes merchandise from the

mercantile establishment.

12. Any testimony or statement of the defendant or unemancipated minor child of the defendant or any evidence

derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be

inadmissible in any other court proceeding relating to such larceny.

New York Civil Recovery Law (N.Y. 11-105)

Worksheet


If the retail value of the recovered merchandise

is less than

or equal to $15: Demand amt = $75
•

If the retail value of the recovered merchandise is between $15.01 and $100:
Demand amt = Retail amt $__________ X 5 = $_________

If the retail value of the recovered merchandise is greater than $100:
Demand amount = $500
 
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jacksgal said:
No not only a Judge can order payment. That is why states have Civil Demand laws. Failure to pay can carry severe consequences
Click to expand...

We can go in circles on this one... but a civil demand is not an order. It is nothing more than a formal request.
 
This particular RP has a pretty good argument to make regarding any admission potentially made by signing the store's paperwork. If they feel they were treated unfairly due to a language barrier then they should not feel obligated to pay any demand. A case like this is nothing short of bullying. The court is there to settle these sorts of disputes. If they feel wronged then they should go to court, not give in to bullying demands.
 
OP, China offers you safe haven and sweet respite.

These American con-artists can not touch you, while tucked away in the safety among China's millions!


Run, run like the wind, OP.

Run, run like the "Gingerbread Man", OP!
 
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