Legal Question in Civil Litigation in California

I was detained in the local Wal-Mart back in 2009 for trying to shoplift a 20.00 pair of shoes (I was homeless at the time, and the ones i were wearing were falling apart) - Upon being detained in the store, I was told I was being released upon the understanding that I would never return to the store and NO legal action would be taken because the merchandise was recovered un-damaged. Now, fast forward. A few days ago I received a letter in the mail from a collection agency claiming that their employer (Wal-Mart) is demanding i pay 500.00 restitution for the shoplifting back in 09 or legal action would be taken. I have no way of paying for this.. no job, no source of income, not even a savings account. What can I do? Is there a statute on how long the company has before it cannot prosecute?


Asked on 10/29/12, 5:47 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

In some ways, it is a scam. It only applies if merchandise was actually taken. More importantly, Walmart does not file charges, only prosecutors file charges, such as District Attorneys, or in metropolitan areas, City Attorneys.

The letter most likely refers to Penal Code section 490.5. "When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies."

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Answered on 10/30/12, 7:02 pm


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