NCJ Number
177840
Journal
Security Management Volume: 43 Issue: 5 Dated: May 1999 Pages: 63-68
Date Published
1999
Length
6 pages
Annotation
This article describes how civil recovery statutes can help retailers recover losses from shoplifters.
Abstract
Civil recovery laws allow businesses to recoup losses they have suffered from theft. The procedure consists of three stages: the inquiry, the letter of demand and the lawsuit. Most civil recovery proceedings are pursued at the same time as criminal hearings. State laws differ in some regards, but tend to have similar provisions regarding penalties, damages and fees. Penalties may show up as exemplary or punitive damages. This allows the merchant to recover the value of damaged or unrecovered merchandise; time and money spent in pursuing the property, including employee, security and investigative costs; and any related expenses. The article also discusses fees and costs, determining the responsible party, prohibited conduct, consistency, payment method, exclusion orders, estoppel provisions, and bad checks. In addition, it reviews the differences between civil recovery and debt collection.