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was it my fault?

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kimpo

Junior Member
What is the name of your state?California,Me and my family went to a dvd store to purchase some movies on a Sunday afternoon. I ended up with 3 dvds and my girls chose one cartoon and my little boy picked out one. When we were checking out I put all the movies on the counter for the clerk to check out. At the same time one other employee there told us that if my girls want to purchase 2 more cartoons and we will get a discount price. My girls agreed and I went with them to pick out 2 more cartoons (meanwhile the clerk at the counter is checking out other movies that I have left there). I returned with 2 more cartoons and gave them to the check out clerk. She did her stuff and I paid with my credit card. Signed the receipt and she packed all my girls movies in one small bag and left 3 of my dvds with no bag. I took the bag with my girls' movies and took the other 3 dvds and left the store. By the time we went home we found out there were 2 extra movies that we did not choose were inside the bag too. First thing I do was checking the reciept and found out the clerk had charged me for the extra movies that we did not pick and did not charge me for the 3 dvds I picked. I figured that they screwed the transaction up. I told my girls I will go back to the store next Sunday to clear everything up and instructed them not to open those 2 mixed-up movies to watch. On Wednesday 2 cops showed up at my house while I was working to look for me. My mom told them I was working so they left a business card for me to call them back. I did and they told me the store have called the police and accused me of stealing the 3 dvds that they did not charge. Do they have a case against me for the mistake that they made? To me it was simply a mistake but the cop said I can get arrested for it.I only took what I believe were paid for at that moment or is it my fault?
 
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I AM ALWAYS LIABLE

Senior Member
kimpo said:
What is the name of your state?California,Me and my family went to a dvd store to purchase some movies on a Sunday afternoon. I ended up with 3 dvds and my girls chose one cartoon and my little boy picked out one. When we were checking out I put all the movies on the counter for the clerk to check out. At the same time one other employee there told us that if my girls want to purchase 2 more cartoons and we will get a discount price. My girls agreed and I went with them to pick out 2 more cartoons (meanwhile the clerk at the counter is checking out other movies that I have left there). I returned with 2 more cartoons and gave them to the check out clerk. She did her stuff and I paid with my credit card. Signed the receipt and she packed all my girls movies in one small bag and left 3 of my dvds with no bag. I took the bag with my girls' movies and took the other 3 dvds and left the store. By the time we went home we found out there were 2 extra movies that we did not choose were inside the bag too. First thing I do was checking the reciept and found out the clerk had charged me for the extra movies that we did not pick and did not charge me for the 3 dvds I picked. I figured that they screwed the transaction up. I told my girls I will go back to the store next Sunday to clear everything up and instructed them not to open those 2 mixed-up movies to watch. On Wednesday 2 cops showed up at my house while I was working to look for me. My mom told them I was working so they left a business card for me to call them back. I did and they told me the store have called the police and accused me of stealing the 3 dvds that they did not charge. Do they have a case against me for the mistake that they made? To me it was simply a mistake but the cop said I can get arrested for it.I only took what I believe were paid for at that moment or is it my fault?


My response:

Nice story. How long have you had now to think of it?

We can't answer you because we haven't seen the surveillance tape. If we could, I'm sure your story wouldn't stand up. So, it's going to be for a judge and jury to decide your fate.

IAAL
 
S

seniorjudge

Guest
"...I told my girls I will go back to the store next Sunday to clear everything up and instructed them not to open those 2 mixed-up movies to watch...."

By keeping the goods, this shows your intent to steal.
 

kimpo

Junior Member
I was the one who put those dvds on the counter, I have every intention to pay for all the movies I chose from the store. So it is the customer's fault if the store clerks did not charge the items. I paid with my own credit card, they copied my ID information. Do you think I am that stupid? I hope they have video taped everything because it will show my innocent.
 

I AM ALWAYS LIABLE

Senior Member
kimpo said:
I was the one who put those dvds on the counter, I have every intention to pay for all the movies I chose from the store. So it is the customer's fault if the store clerks did not charge the items. I paid with my own credit card, they copied my ID information. Do you think I am that stupid? I hope they have video taped everything because it will show my innocent.


My response:

Then, good for you. I hope for your sake that they do have the tape. But, since you didn't ask a legal question, and since at this point it's a "pissing match", we can't help you.

When you have a legal question, then come back.

IAAL
 

kimpo

Junior Member
I am not keeping the goods, the movies are still wrapped, unopened. I work Monday to Saturday from 8 am - 6pm. I intend to return them next Sunday when I am off. Department store give you 30 days to return any item.
 
S

seniorjudge

Guest
kimpo said:
I am not keeping the goods, the movies are still wrapped, unopened. I work Monday to Saturday from 8 am - 6pm. I intend to return them next Sunday when I am off. Department store give you 30 days to return any item.

By keeping the goods, this shows your intent to steal.
 
S

seniorjudge

Guest
I AM ALWAYS LIABLE said:
...But, since you didn't ask a legal question, and since at this point it's a "pissing match", we can't help you....

No kidding....
 

I AM ALWAYS LIABLE

Senior Member
kimpo said:
I am not keeping the goods, the movies are still wrapped, unopened. I work Monday to Saturday from 8 am - 6pm. I intend to return them next Sunday when I am off. Department store give you 30 days to return any item.


My response:

You never did explain why the cashier placed some of the DVD's in a bag, and not the others. I guess there wasn't any room, right?

Also, department stores DON'T give you 30 days to return stolen items. They want them back now - - not later.

Lastly, how come you didn't answer my question? I asked, "How long have you had to concoct this story?"

IAAL
 
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kimpo

Junior Member
Ok, here is a legal question if you can help me. Is there anything I can do right now? or just wait for the police's investigation?
 

I AM ALWAYS LIABLE

Senior Member
kimpo said:
Ok, here is a legal question if you can help me. Is there anything I can do right now? or just wait for the police's investigation?


My response:

Answer my question.

You know what? Don't bother. You're a thief, and you only came here to "try out" a potential "defense" to see how it would fly. Your attempt is really very transparent - - especially since you didn't answer my question after being asked twice.

IAAL
 

kimpo

Junior Member
The cashier was the one who put those extra movies in the bag. I did not bag the movies.Mind you the extra movies were charged for, they did charged me for those movies. The stolen items they claimed were the 3 dvds I left on the counter. It is not a story I made up. What I said was exactly what happened! I just picked up what I believe I paid for.
 

I AM ALWAYS LIABLE

Senior Member
kimpo said:
The cashier was the one who put those extra movies in the bag. I did not bag the movies.Mind you the extra movies were charged for, they did charged me for those movies. The stolen items they claimed were the 3 dvds I left on the counter. It is not a story I made up. What I said was exactly what happened! I just picked up what I believe I paid for.



My response:

"What I believed I paid for." Yeah, right. If an item is not in a bag, it's stolen. You're going to the slammer, kiddo.

IAAL
 

kimpo

Junior Member
I am not a thief. I am not worry cause I did not steal anything. Don't ask me why the cashier bag this and did not bag that.I did not pay any attention for bag or no bag.I just took what I paid. I walked out of the store not ran out with my 3 kids. Why didn't they stopped me right away if they see me taking something didn't pay for?
 

kimpo

Junior Member
I am not a thief. I am not worry cause I did not steal anything. Don't ask me why the cashier bag this and did not bag that.I did not pay any attention for bag or no bag.I just took what I paid. I walked out of the store not ran out with my 3 kids. Why didn't they stopped me right away if they see me taking something didn't pay for? I am glad you not my lawyer or I go straight to jail.
 
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