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Penal Code 490.5 (b) (c)...is this for real???

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elena521

Junior Member
California

Hi:My 13 year daughter was caught at Spencer Gifts with a $3 key chain she did not pay for. She had made other purchases, but was attempting to lift that one item. Go figure. Teens will drive you nuts. As a teacher, I was certainly disheartened that this has happened, but try to have a sense of humor about these rights of passage to keep my sanity. Anyway, we received a warning and they took our name and address. Now, almost two months later, I am getting a bill from a lawyer's office saying we need to pay $300.00. I called the police station and they told me that usually, these things can be cleared up with a phone call. But, the legal firm wants their money. I have called other professionals, including a juvenile court, which has informed me that I do NOT in fact have to pay and that if I do no pay, they will drop the whole thing. So, please advise on what I need to do to avoid this charge. The law firm in question seems shoddy...the guy who helped me was beligerent and unprofessional. Is this a scam? Will they report us to a collection agency? We have perfect credit and certainly do not want that to happen.I appreciate any help you can offer.Thanks!
 


H

Happy Trails

Senior Member
elena521 said:
California

Hi:My 13 year daughter was caught at Spencer Gifts with a $3 key chain she did not pay for. She had made other purchases, but was attempting to lift that one item. Go figure. Teens will drive you nuts. As a teacher, I was certainly disheartened that this has happened, but try to have a sense of humor about these rights of passage to keep my sanity. Anyway, we received a warning and they took our name and address. Now, almost two months later, I am getting a bill from a lawyer's office saying we need to pay $300.00. I called the police station and they told me that usually, these things can be cleared up with a phone call. But, the legal firm wants their money. I have called other professionals, including a juvenile court, which has informed me that I do NOT in fact have to pay and that if I do no pay, they will drop the whole thing. So, please advise on what I need to do to avoid this charge. The law firm in question seems shoddy...the guy who helped me was beligerent and unprofessional. Is this a scam? Will they report us to a collection agency? We have perfect credit and certainly do not want that to happen.I appreciate any help you can offer.Thanks!
Click to expand...

Sounds like a Civil Fine and yes they can do it.

490.5.(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs.........

For a more extensive read follow hemingway's link and go to Statute 490.5.
 
A

ArtA

Junior Member
That was helpful. NOT!

That's not very helpful to critique someones spelling when they are requesting assistance for a legal matter. How do you spell inconsiderate snotty prick? IA:mad:AL.
 
C

CourtClerk

Senior Member
ArtA said:
How do you spell inconsiderate snotty prick?
Click to expand...
I don't know, but I do know how to spell ignorant newbie who can't read the date of a thread he's posting to to see that that thread is 3 YEARS OLD and still has nothing useful to say...

That's spelled ArtA
 
A

Antigone*

Senior Member
Well, I just wasted five minutes thinking Mr. teen counselor was a decent man for wanting to help this young misguided youthful offender who shoplifted.

Now I see that the poor misguided teen is now more than ever, in trouble if Mr. teen counselor sticks around :mad:
 
N

njjean

Member
ArtA said:
That's not very helpful to critique someones spelling when they are requesting assistance for a legal matter. How do you spell inconsiderate snotty prick? IA:mad:AL.
Click to expand...

The more of an "ISP" you are the faster you become a SR. MEMBER on this site
 
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