RETAILERS
SHOPLIFTING
PREVENTION
GUIDE |
Prepared by the Washington State Crime
Prevention Association, in conjunction
With the Washington State Retail Council |
| The Problem: An Introduction
Shoplifting by customers and professional thieves
cost Washington merchants more than $60,000,000 each year and accounts for as much as 40%
of a stores theft loss. This guide is designed to acquaint the retail manager with
the prevention techniques available, and to provide a clear understanding of the civil
penalty and the laws dealing with the apprehension and arrest of shoplifters. |
| Preventing
Shoplifting
Remove the Opportunity
Many of the best crime prevention suggestions are nothing more than good business. Some
of the most effective methods are:
- Employee awareness of customers Customers should be personally greeted as
they enter the store. An exchange of pleasantries serves to remove the shoplifters
cloak of anonymity, while increasing customer goodwill. Shoplifters avoid stores with
friendly, attentive sales people.
- Training
Special shoplifting prevention training for both old and new
continuing employees will guarantee that all salespeople are aware of the shoplifting
problem and know what steps to take should they see a shoplifter.
- Prosecution
Adopt a clear, evenly enforced shoplifting policy. Post this
policy to make sure that both staff and customers are aware of it.
- Adequate sales staff
Hire enough sales clerks to guarantee effective coverage
and personal attention to customers. Breaks and lunch hours should be staggered.
- Store layout
Shelves and displays should be low for good visibility. Lighting
should be adequate so that the sense of privacy is removed. High value and small item
displays are ideally located near a cash register. Aisles, which can be viewed from the
register, provide few opportunities to shoplifters.
- A neat store
A messy store lets the shoplifter know that the store management
is inattentive. Empty hangers should be removed, depleted displays refilled discarded
sales receipts picked up, price-marking materials kept off the floor, and fitting rooms
kept clean.
- Customer awareness - Enclosing pamphlets in shopping bags and posting shoplifting
awareness signs are two good ways to enlist customer support for your anti-shoplifting
efforts. Also, if a customer reports a shoplifter, a "Thank you" letter or call
should follow up such action from the store management or owner.
There are many useful but sometimes-resisted procedures, which can dramatically reduce
shoplifting losses:
- Security bags Tape or staple the receipt to the outside of the bag.
- Signs Identify displays of frequently shoplifted items. Such signs make the
shoplifter feels that he is under observation.
- Mirrors By removing the sense of privacy in out-of-the-way corners, convex
mirrors deter shoplifters.
- Price tags Disintegrating adhesive tags can limit price switching. An extra,
concealed second tag is also a good idea.
- Clothing hangers Alternate the direction of hanger hooks to prevent grab and run
losses from clothes near entrance/exit doors.
|
Special
Devices and Personnel
If shoplifting losses cannot be brought under control using these
recommendations, then special devices and security personnel may be in order.
- Store detectives
monitor suspicious persons and apprehend shoplifters. The store
Security officer can be a major component in an apprehension-orientated program of
deference, but the store owner should be aware that poorly paid and inadequately trained
detectives are a liability (they are likely to be involved in more violence, expose the
store to false arrest suits and catch few shoplifters). Off-duty police officers are used
successfully by some stores because of their arrest experience and police commissions.
Others use well-trained private security personnel.
- Observation booths and two-way mirrors are usually built into a store but can
sometimes be added. They make observation of the floor area possible.
- Video cameras
are useful if monitored regularly. They also have some deterrent
value. Dummy cameras are not recommended because their nature is soon public knowledge.
- Garment cables
and chains require the sales clerk to unlock the clothing before it
is tried on.
- Special locking holders
are made for items such as calculators and cameras. These
allow the customer to operate and inspect a display item which is secured to the counter.
- Locked display cases
are necessary with many small expensive items.
- Alarms Pressure sensitive mats and switches can be used to set off an alarm when
the display merchandise is picked up. Plug monitor alarms are useful where the display
operates on an AC current. Merely unplugging the display will set off the alarm.
- Electronically sensed tags
may be affixed to merchandise by rivets, plastic string,
or by concealment. If the tags are not removed before the customer exits, then an alarm
will sound. This type of system has several drawbacks, including erratic use of tags,
failure to remove tags, and high cost. However, several department stores are using this
system on a large scale with considerable success. It seems to work best on
"exit" rather than "department" coverage.
- Cable or Loop arm
is strung through some part of the article. If the cable is cut or
unplugged the alarm is triggered.
|
Refund
Fraud A growing problem
A refund control policy should require a sales slip. Also request the name,
phone number, drivers license and verification. A card file should be maintained on
returns to cross check frequent refunds. Refunds should be followed up by phone or by mail
to verify legitimacy of information given, in questionable circumstances, you might
consider mailing large refund checks rather than paying cash. Locate the refund desk near
the store entrance to prevent "refunding" of unpaid merchandise.
The Shoplifter
Dont make the mistake of thinking that only certain types of people will steal from
you shoplifters are of every age, sex, and race. Some of your regular customers are
"beating inflation" by stealing a little each time they shop. The
shoplifter may appear to be just another customer, so look for deviations from normal
shopping patterns.
Eye movement
The shoplifter will be handling merchandise but not looking at it. The eyes will be
watching everyone and everything except the item being handled. The shoplifter will show
extreme nervousness or furtive glances left to right without moving head. The shoplifter
will also be using mirrors to watch customers and employees.
The wandering shopper
Suspect the customer who goes from item to item, but never really shows much interest in
merchandise and always examines the other customers. The shoplifter may be walking around
with many small items of merchandise in hand rather instead of using a shopping cart or
basket. The shoplifter may remove merchandise from packages, discard clothes hangers, and
remove, conceal, or destroy a price tag.
Seeking privacy
Watch the customer who takes merchandise into isolated areas of the store where
observation is difficult or enters unauthorized areas. The shoplifter may wear dark
glasses indoors, or place packages, purse, or coat over merchandise in a shopping cart.
The shoplifter may also enter the store with bags or boxes that could be used to conceal
merchandise. |
Shoplifting tools
Look for large empty purses, backpacks, empty boxes, a coat slung over one
shoulder, bags from other stores, old wrinkled shopping bags, a newspaper under the arm,
bulky over-clothing such as coats or sweaters when worn out of season.
Shoplifting methods, amateur or professional, can be broken down into three categories:
Concealment
- Shoplifters most commonly conceal stolen merchandise on their person or in
their clothing, inside shopping bags, purses hats, or umbrellas.
- Another method of concealment is palming an item and keeping it in the hand until out of
the store.
- Small items are often stripped of their packaging price tags, and other identifiers to
disguise the newness of the product and reduce bulk.
- Shoplifters also hide items within another package that is then purchased.
Subterfuge
Shoplifters may use an accomplice to distract the merchant.
- Shoplifted articles may also be handed off to an accomplice.
- Price tag switching and fraudulent refunding are variations of shoplifting, which may be
hard to detect.
- The refunded may take merchandise directly from your shelves to the refund desk; or the
shoplifter may steal the item from another store and return it to you.
Speed
- Desperate vagrants, alcoholics, or juveniles often make no attempt to conceal
merchandise, they "grab and run".
- Self-assured professionals, while they may not run, will walk into your store, pick up
an item and walk out, knowing that few people will react quickly enough to stop them.
|
| Washington
Shoplifting Laws
Stores, which encourage both civil and criminal penalties, can expect a reduction in
shoplifting. The amateur shoplifter, once arrested and penalized, seldom shoplifts again.
Conversely, the apprehended shoplifter who discovers that there are no real penalties is
likely to continue shoplifting.
While the legal information in this booklet is as current as possible, there is no
substitute for consultation with local police, prosecutors, and private attorneys. These
professionals are equipped to provide specific recommendations for the factual situations
you encounter. |
Criminal Law
In Washington State law there is no specific crime called
shoplifting, instead, retail theft is included in the statutory definition of theft. Most
shoplifting incidents involve merchandise worth less than $250 and are classified as theft
in the third degree. This is a gross misdemeanor carrying a maximum penalty of up
to $1,000 and/or a jail term of up to one year. Actual sentences for adults are at the
discretion of the court, and for special courts or "conference committees"
administer juveniles. |
Civil LawAn Additional Deterrent
Washingtons civil shoplifting law, RCW 4.24.230, became effective in September 1975
(a copy of the law is appended). This law created a civil cause of action which the
merchant may bring directly against the apprehended shoplifter, or the parents or
guardians of shoplifting minors. It is not intended to supplant the criminal law, nor
should it be used as a substitute for vigorous law enforcement action. The civil law is an
additional deterrent.Retail outlets in Washington are using this law
successfully, and have discovered that its implementation is relatively simple. Money
received from the use of the civil penalty law allows retailers to price merchandise more
competitively, maintain profit margins and defray costs of security programs.
Basically, the law allows the victim (merchant) to recover:
- Actual Damages This is the retail value of stolen items if they are not
recovered. If the stolen items are recovered but damaged, then actual damages are computed
by subtracting the reduced sale-able price from the retail price. Damage done to store
property or employees may also be claimed. (Parents or guardians of shoplifters are not
liable for actual damages).
- A penalty equal to the retail value of the stolen merchandise (whether or not the item
is recovered). The maximum penalty is $1,000 for adults and $500 for parents and guardians
of shoplifting juveniles.
- An additional penalty of not less than $100 and not more than $200. While the criminal
action remains the prerogative of the local prosecuting authority, this civil
action is brought only at the discretion of the merchant. It is vital that you develop a reasonable
policy on implementing the civil penalty, and enforce it consistently.
- Although the use of the civil penalty does not depend on the filing of a corresponding
criminal charge, most merchants demand the civil penalty only when the shoplifter has also
been arrested. There are several advantages to this policy.
- The shoplifter will be brought into the criminal justice system so that repeats
offenders can be identified and corrective action can be taken.
- The shoplifter cannot accuse the merchant of extorting money for the promise that there
will be no criminal prosecution.
Experience by retailers indicates that if correct procedures are followed, up to 80% of
shoplifting suspects will pay the penalty upon demand by letter.
Also important: It is not necessary to retain a lawyer to begin action. You can use the
form letters included in this manual merely by retyping them on store letterhead, in those
instances where it may be necessary to court to request a judgment, a lawyer is rarely
required unless the shoplifting civil penalties exceed the $1,000 small claims court
limit. Small claims court action is easy to file and attorneys are usually prohibited from
representing the parties. Judgments from this court are as assigned for collection like
any other debt. |
| Using the Civil Penalty Adhere to the following
suggestions and you can use the civil penalty safely, legally, and effectively.
- Wait until the day after the shoplifter has been arrested before sending the first
letter demanding payment of civil penalty. Do not hand a demand letter to the
shoplifter at the time of apprehension. This could be construed as a demand for payment
from the shoplifter based upon an inference that you would not pursue criminal
prosecution.
- Compute the civil penalty as in the following example:
- The shoplifter (an adult) was stopped with a stolen $25 shirt. The police were called
and they made an arrest.
- Since the shirt was recovered undamaged there are no actual damages. However, the
penalty is in the amount of the stolen item; $25, and there is an additional of $100 (this
additional penalty can be any amount between $100 and $200 at the merchants
discretion). The total amount demanded in this example is $125.
- When sending a letter to the minors parents, use a form which specifies that the
parent or guardian is liable for the civil penalty. "Examples of both; the demand
letter to an adult violator and the demand letter to the parent of an unemancipated minor
appear in the appendix.
- If the payment is not received in a reasonable time specified in the demand letter, a
second letter should be sent stating that a court filing will follow if payment is not
received shortly. "A sample follow-up letter is included in the appendix.
- If payment is not received in response to your second letter, then you should file your
case in court. Unless your claim against the shoplifter is over $1,000, file with the
small claims department of the district court in whose jurisdiction the defendant resides.
The court will provide you with a filing form and instructions on serving the notice of
claim on the defendant. Remember that in small claims court, lawyers are unnecessary, so
the expense of filing and appearing in court is minimized.
- Only if a claim in excess of $1,000 appears collectible should you proceed to file in
district or superior court. The prevailing party in a district or superior court may
sometimes recover attorney fees if the amount claimed is less than $1,000. Consult with an
attorney on any legal action other than a small claims filing.
- The owner or other corporate officer, but not an "attorney at law "or"
legal paraprofessional must represent your business in small claims court. The civil
shoplifting law prohibits the assignment of claims to a collection agency or other third
party. However, an employee may represent you in court. In most courts this may be one by
completing a notarized "delegation of authority" form (see appendix.). File this
form with the court when filing the civil complaint. Contact your local court to determine
what procedure they require.
- If the civil case goes to court, all witnesses, a completed copy of the shoplifting
report (see appendix), and all evidence (stolen articles, shoplifting devices,
photographs, a copy of the police report, etc.) must be presented to the court. Take a
copy of this manual and/or the shoplifting statute to the court for reference.
- Once the civil penalty has been paid, some stores provide a receipt or letter as
acknowledgment and release from liability. If you decide to send a letter, please consider
the language carefully, since it could compromise the separate criminal action. **A
suggested acknowledgment letter appears in the appendix.
|
| Detaining the Shoplifter Before either the civil
or the criminal penalties can be used, the retailer must first apprehend the shoplifter.
If done correctly, the retailer exposes himself to little risk of false arrest suits.
State law allows you to detain a suspect if there are reasonable grounds to believe
that the person shoplifted in your store. The following are the critical elements to
consider before making an apprehension:
- Did you or another reliable witness see the suspect conceal merchandise or remove it
from the store? Before taking action on a witness report, verify that the witness will
appear in court, if necessary.
- Are you positive that the merchandise concealed or taken was store property and not the
property of the suspect?
- Are you sure that the merchandise was not replaced on the shelf?
- Had the suspect possibly already paid for this merchandise?
- Was the suspected shoplifter acting in a suspicious manner?
Although the law does provide that the concealment of merchandise creates an inference
of intent, and that such concealment justifies detention, other suspicious actions will
reinforce your position in court. "Criminal intent" can be inferred if the
suspects movements are evasive or furtive.
Keep the suspected shoplifter in sight from the time that merchandise is concealed
until you confront the suspect. The law does not require continuous surveillance, but this
policy can prevent stopping a suspect who has already disposed of the stolen items.
It is also a good idea to let the shoplifter pass the last possible point of payment
or exit before detaining. Again, state law does not require this, but it can
strengthen your case in court since it removes the possible defense that the suspect was
going to pay for the merchandise.
There are some situations in which it would be a mistake to let the suspect exit the
store. For instance, juveniles are likely to run once they are outside the store, and
professional shoplifters can become dangerous when removed from a crowd of witnesses.
Washington State law does not allow you to detain a suspect at any time after you have
witnesses concealment of your merchandise.
Although you may be upset at discovering a shoplifter in your store, you should remain
professional and calm. Treat every shoplifting suspect as a potential future customer and
you will not need to fear false arrest suits. The following suggestions can be the
foundation for a safe store apprehension policy.
- The initial contact with the suspect should be verbal, not physical. Catch the
suspects attention and identify yourself with a phrase such as, "Excuse me, I
am the manager of the store. I noticed that you removed (stolen item) from the shelf and
did not replace it or pay for it. Would you please come to my office so that we may clear
up this matter?" In the ideal situation only the suspect hears the words that you
speak.
- If the suspect refuses, explain that you wish to avoid embarrassment and would prefer to
discuss the matter in a private office. Do not force the suspect to accompany you. Instead
try to gather information from the suspect and call the police immediately if the
shoplifter continues to refuse to cooperate.
- If the suspect tries to flee, you may use reasonable force to detain. "Reasonable
force" in a shoplifting incident is the amount of force, which is not likely to
seriously injure the suspect. The amount of force used may escalate with the
suspects effort to escape, but should always stop short of potentially deadly force
(unless the use of deadly force is necessary to protect yourself).
- If the suspected shoplifter agrees to accompany you to your office, follow rather than
lead, to make sure that this person does not have a chance to dispose of the stolen
merchandise.
- When in your office, tell the suspect that you saw the concealment of the items and
request that he or she gives them to you. If the person refuses, do not search. Instead,
let the police make that decision. A search may be legally defensible, but runs the risk
of a suit for assault or invasion of privacy if you turn out to be wrong.
- During the detainment or interrogation of a suspect, there should always be a witness
present who is the same sex as the suspect. Female suspects should never be detained in
private solely by a male. Thus, in some situations, you may be forced to detain the
suspect in the sales area.
- When interrogating the suspect do not accuse or threaten with arrest to obtain a
confession. Such tactics are unnecessary and expose you to liability.
- The law allows detention for a reasonable time, so call the police immediately. You can
detain the shoplifter while giving the opportunity to make or refuse to make a statement,
and while examining any employees and store records to determine who owns the merchandise
in question. A Washington Appellate Court decision indicates that you may hold the suspect
until the police arrive. (State v. Gonzales, 24Wn. App.437,694 P.2d 168 (1979)
- It is your responsibility to record all facts about the incident, and if the suspect
admits to wrongdoing to get a statement to that effect. An example of a shoplifting report
is attached. Before using the form, check with your local police to verify that it is
acceptable to them.
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| Evidence Even though many arrested shoplifters
forfeit bail and never appear in either criminal or civil court, it is still vital that
you have all necessary evidence for the police or for any subsequent court proceedings.
The following are some evidence collection guidelines.
- Collect all stolen articles from the shoplifter along with related materials such as
discarded packaging and price tags.
- Call the attention of the responding officer to any special shoplifting devices used for
concealment so that they may be presented for evidence.
- If goods are perishable, remove and keep the labels or containers, or take a color
photograph of the evidence.
- Label, initial, and date each stolen item. If the shoplifter paid for some but not all,
merchandise, then save the cash register tapes to prove that not all items were purchased.
Turn all evidence over to the police officer making the arrest, if he will accept it. If
the police officer prefers that you keep the evidence, place it in a locker or room to
which only designated personnel have access. All evidence for a given case should be
sealed in a paper bag, envelope, or other container.
If after a reasonable period and there has been no court action, then contact the
prosecutors office to determine the status of the case. Once a case has gone to
court, both civil and criminal, or after bail has been forfeited, you may either destroy
the evidence, or return the saleable items to stock. Check with your local prosecutor to
determine if the criminal conviction may be used as evidence in the civil case. If it may
then there is no need to retain physical evidence for the civil trial. Always retain a
copy of the shoplifting report so that you have a permanent record of the incident. |
APPENDIX OF SHOPLIFTING LAWS
NOTE: This is for retailers information only and is not to be enforced with a
demand letter
DETAINMENT OF SHOPLIFTER BY MERCHANT
R.C.W. 4.24.220
A civil defense
In any civil action brought by reason of any person having been detained on or in the
immediate vicinity of the premises of a mercantile establishment for the purpose of
investigation or questioning as to the ownership of any merchandise, it shall be a defense
of such action that the person was detained in a reasonable manner and for not more than a
reasonable time to permit such investigation or questioning by a peace officer or by the
owner of the mercantile establishment, his authorized employee or agent, and that such
peace officer, owner, employee or agent had reasonable grounds to believe that the person
so detained was committing or attempting to commit larceny or shoplifting on such premises
of such merchandise. As used in this section, "reasonable grounds" shall
include, but not be limited to, knowledge that a person has concealed possession of
unpurchased merchandise of a mercantile establishment, and a "reasonable time"
shall mean the time necessary to permit the person detained to make a statement, and the
time necessary to examine employees and records of the mercantile establishment relative
to the ownership of the merchandise.
Title 9A.16.080
A criminal defense:
(Title 9A.16.080 reads as above except for the substitution of the word criminal for
civil)
State of Washington, Civil Anti-Shoplifting Law
RCW 4.24.230
- Any adult or emancipated minor who takes possession of any goods, wares or merchandise
displayed or offered for sale by any wholesale or retail store or other mercantile
establishment without the consent of the owner or seller, and with the intention of
converting such goods, wares, or merchandise to his own use without having paid the
purchase price thereof, shall be liable, in addition to the actual damages for a penalty
to the owner or seller in the amount of the retail value thereof not to exceed one
thousand dollars, plus an additional penalty of not less than one hundred dollars nor more
than two hundred dollars.
- The parent or legal guardian having the custody of an unemancipated minor who takes
possession of any goods, wares, or merchandise displayed or offered for sale by any
wholesale or retail store or other mercantile establishment without the consent of the
owner or seller and with the intention of converting such goods, wares, or merchandise to
his own use without having paid the purchase price thereof, shall be liable as a penalty
to the owner or seller for the retail value of such goods, wares or merchandise not to
exceed five hundred dollars plus an additional penalty of not less than one hundred
dollars, nor more than two hundred dollars, PROVIDED, that for the purposes of this
subsection, liability shall not be imposed upon any governmental entity or private agency
which has been assigned responsibility for the minor child pursuant to court order or
action of the department of social and health services.
- Judgments, but not claims, arising under this section may be assigned.
- A conviction for violation of chapter SA.56.R.C.W. shall not be a condition precedent to
maintenance of a civil action authorized by this section.
GUIDELINES FOR PROPER IMPLEMENTATION OF R.C.W.4.24.230
(Civil Shoplift Restitution) Claims:
The following guidelines were drawn up by various merchants security personnel in
cooperation with the staff of Washington Crime Watch, a division of the Criminal Justice
Training Commission; in the interest of seeing that the "step by step" process
of pursuing civil restitution is handled in a reasonable, professional/good common sense
manner.
By way of introduction, merchants interested in dealing with shoplift/pilferage
activity should take a serious attitude towards the problem; feel secure in their (or
agents) general knowledge of relevant areas of the law; and be familiar with
the content of the "Retailers Shoplifting Prevention Guide" prepared by
the Washington Crime Watch section of the State Criminal Justice Training Comm.
THE DETENTION: FACTS MUST SHOW CRIMINAL INTENT
It is, first, of utmost importance to emphasize that the detention of any shoplifting
suspect should be based upon first hand observations by the merchant or his/her
responsible, authorized agent. The intent of the suspected shoplifter must be clear,
preferably including such elements as concealment of the item(s), nonpayment in any
manner, furtive actions, and leaving the premises. These elements combine to show criminal
intent and thus, probable cause to detain/arrest. (1) A shoplift detention lacking strong
elements of probable cause, as mentioned above, may be a weak criminal case and
certainly would be an ill-advised civil restitution claim. The apprehension should have
no legal flaws.
After a proper detention has been made, based upon sound probable cause, a responsible
person should review the case with a view to processing a demand under R.C.W. 4.24.230
(Civil Shoplift Restitution Law.)
The following points surrounding the detention should be reviewed closely:
- The apprehension must be sound and have no legal flaws.
- The intent of the suspected shoplifter should be clear ...criminal
Intent!
- The age and mental capabilities and/or stability of the
Individual should be considered. Cases involving individuals under 12 years of age or
over 65 years of age should be avoided in the civil process, unless additional elements
such as repeat offenses, violence, or extenuating circumstances are involved.
- The retail values of the shoplifted item(s) should be considered. If
Your case involves a very small amount; it could be viewed as "overkill", if
court processing is required.
- The financial situation of the individual may also be considered. A person in extreme
financial difficulties is unlikely to pay a demand claim and your case may very well again
be viewed as "overkill" if court processing is required. Decisions concerning
financial status of a defendant should be well founded and consistent.
|
| Procedures for Civil Restitution To pursue civil
restitution
If a person of responsible position and with knowledge of relevant areas of the
criminal/civil laws relating to shoplifting is satisfied with the facts surrounding the
detention of the shoplift suspect, a first demand letter should be sent to the individual
seven (7) to thirty (30) days f from the date of the apprehension (Certified mail, while
not required, assures the person received the letter). This demand should allow 15-30 days
from the date of the demand letter for the payment in full on the claim. It is recommended
that a copy of the law (R.C.W.4.24.230) or an Attorney Generals civil restitution
informational pamphlet be sent with the demand letter to clarify the matter for the
individual. During the period when this first demand letter is outstanding, the person for
handling the R.E.W.4.24.230 claims for your company should review the case to
Obtained from other sources, would convince a reasonable, careful, and disinterested
party prior to the detention, that the person detained had committed the shoplift
determine is a criminal trial (not guilty plea) or other circumstances have come into play
which might affect the decision to move forward with a district court small claims filing
or second demand letter, should the person fail to respond to demand letter number one.
If the defendant makes no effort to pay the claim by the payment date indicated in the
first demand letter, and after review of the case by a responsible person it is felt that
your efforts should proceed
you may send a second demand letter, or move to file the
case in small claims department of the district court in the area where the defendant
resides. A second demand letter will assure you that the defendant has received notice of
the claim and should strengthen your case if court processing is undertaken.
A second demand letter should allow the defendant an additional short period (five (5)
to ten (10) days) to respond.
After review of all aspects of the case again to be sure that the defendant has not
been
Found " not guilty" in a criminal trial and no other factor has arisen which
would weaken the R.C.W.4.24.230 processing
you may want to move to the district court
(small claims) filing of your case. |
| Before Going to Court: Some Important Points The person handling
such filings should have a complete knowledge of the civil shoplift restitution statue and
be authorized by an officer of your company to process such claims (a district
court requirement). Such written authorization should be brought along to court. Several
important aspects of district court processing (small claims filing) must be kept in mind,
upon filing your case
- Are you still satisfied that this is a sound case for civil processing per
R.C.W.4.24.230?
- Your security agent or witness should be available to testify as necessary at the civil
trial...to relate the specific facts of their observations of the act of theft.
- A small claims filing fee is payable at the time of filing and proper service on the
defendant, per court instruction must be made not less than five court days before the
trial date.
- Courtroom demeanor of all security agents and witnesses must be exemplary. No comments
to judge, no reactions, no outbursts in court, regardless of the verdict!
- A reasonable age limit of the defendant should be considered before filing your case.
Defendants who are extremely young (12 years old and below) and/or defendants who are
significantly older (65 years or older) unless repeat offenders, or involved in
violence, etc. do not make good civil restitution cases, as many courts view such as
"overkill". Good judgment must prevail
- Court filing must take place within the district court jurisdiction where the defendant
resides. Be sure to establish which court has jurisdiction before filing, to save time and
avoid mistakes.
- On the trial date be prepared when presenting your case. Have witnesses, documents,
ready and organized. If youre not ready, it wastes the courts time.
- If/when you receive a judgment, you must understand that the court does not collect the
sum due for you, Additional collection steps may be necessary. Further, the defendant has
a twenty day appeal period available. If, after that period, no appeal has been filed, you
should request the district court civil docket. Formal collection efforts, if necessary,
may then begin.
Once you have successfully obtained a judgment, again use good common sense in
obtaining full payment. If the defendant has good reason to request a reasonable payment
schedule, this is advised. It eventually leads to payment in full, usually while avoiding
additional collection efforts. If the defendant fails to pay the judgment, the matter
should then be referred to reputable collection firm, or your attorney.
Conclusion
In conclusion, it is very important that persons dealing with claims under R.C.W.4.24.230
have a complete knowledge of the elements of the statute, closely review all cases
involving shoplift apprehensions, and that a reasonable, common sense approach is taken,
up to and including court filing/processing of such cases. Merchants failing to apply such
a common sense approach may have difficulty recovering sums due under R.C.W.4.24.230, and
will surely create adverse feelings toward their efforts. |