Code of Alabama
Title 6. Civil Practice.
Chapter 5. Actions. (Refs & Annos)
Article 15A. . Recovery for Theft of Merchandise. (Refs & Annos)
Ala.Code 1975 § 6-5-270
§ 6-5-270. Legislative findings.
Currentness:
The legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business.
The existing criminal justice system is overcrowded and burdened thereby causing unreasonable delay. Continual use of the criminal justice system for shoplifting and employee theft offenses creates a further strain on an already overcrowded criminal docket, thereby requiring more tax revenue to pay for a continual expansion of the criminal justice system.
The continuous growth of shoplifting and employee theft cases in the face of traditional efforts to control these offenses represent added cost to retailers which, in turn, is passed on to the consumer in higher prices. Additionally, the merchandise lost to theft is not converted to profit in the form of sales for the retailer which results in millions of dollars in tax revenues lost.
Therefore, the legislature deems that the utilization of an alternative form of deterrence to eliminate shoplifting and employee theft which avoids the stigma of a criminal record is more desirable than the present system.
Code of Alabama
Title 6. Civil Practice.
Chapter 5. Actions. (Refs & Annos)
Article 15A. . Recovery for Theft of Merchandise. (Refs & Annos)
Ala.Code 1975 § 6-5-271
§ 6-5-271. Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
Currentness:
(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:
(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.
(2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney’s fees and court costs not to exceed $1000.
(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:
(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.
(2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney’s fees and court costs not to exceed $1000.
(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calendar year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense
(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.
(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.
Code of Alabama
Title 6. Civil Practice.
Chapter 5. Actions. (Refs & Annos)
Article 15A. . Recovery for Theft of Merchandise. (Refs & Annos)Ala.Code 1975 § 6-5-272
§ 6-5-272. Conviction not prerequisite - Demand for remittance.
Currentness:
(a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article.
(b) The fact that a merchant may bring a civil action against an individual as provided in this article shall not limit the right of the merchant to demand, in writing as set out in subsection (c) below, that a person who is liable for damages and penalties under this article remit the damages and penalties prior to the consideration of the commencement of any legal action.
(c) The demand letter must be prepared and include the following:
On (insert date), you were apprehended for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of action against the person who intentionally deprives or intends to deprive a retailer/merchant of any merchandise without paying for it. The statute further provides that, separate from, and in addition to, any criminal action arising from your conduct, you may be held civilly liable for:
(a) Cost of merchandise, if damaged;
(b) Expenses for the recovery of the merchandise of $200; and
(c) Court costs and reasonable attorneys’ fees.
This letter represents a demand from you for $ (amount) as a means of satisfying this civil matter.
We do not wish to file a civil action against you. However, if we do not receive payment within 30 days from the date of this letter, we will make every effort to enforce our rights under this statute, which may include a civil court action.
Credits:
(Acts 1993, No. 93-676, p. 1256, § 3.)
Current through Act 2011-255 of the 2011 Regular Session.
Code of Alabama
Title 6. Civil Practice.
Chapter 5. Actions. (Refs & Annos)
Article 15A. . Recovery for Theft of Merchandise. (Refs & Annos)
Ala.Code 1975 § 6-5-274
§ 6-5-274. Attorney’s fees.
Currentness:
No attorney’s fees shall be charged or collected unless a civil action has been filed under the provisions of this article.
Credits:
(Acts 1993, No. 93-676, p. 1256, § 5.)
Current through Act 2011-255 of the 2011 Regular Session.