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Report: #414319

Complaint Review: Bennett & Delony P.C. - Salt Lake City Utah

  • Submitted:
  • Updated:
  • Reported By: Sedalia Missouri
  • Author Confirmed What's this?
  • Why?
  • Bennett & Delony P.C. 1265 E. Fort Union Blvd Suite 150 Salt Lake City, Utah U.S.A.
  • Phone: 801-963-9993
  • Web:
  • Category: Lawyers

Bennett & Delony Law Firm attempted to intimidate a parent of a juvenile shoplifter Salt Lake City Utah

*Consumer Suggestion: You need to read the statute AGAIN!

*Author of original report: Bennett & Delony Law Firm

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Several weeks ago (Dec 08) my juvenile daughter was arrested for shoplifting at our local Wal Mart store. The stolen items were recovered prior to departure from the property. The stolen items she possessed were all non-perishable and returned. While it's speculative the items were resold its common practice our Wal Mart resale's items not damaged. The two items were clothing and the tags were still intact. Thus it's my opinion there are no ACTUAL damages.

My juvenile Daughter was prosecuted for the crime through Juvenile authorities and more severely by(me)her parents.

A couple of days ago my juvenile daughter received an envelope addressed to her from Bennett & Delony P.C., 265 E. Fort Union Blvd Suite 150, Salt Lake City, UT 84047-1808. (Representing our local Missouri Wal Mart store)

Inside the envelope a letter was addressed to: Dear Parent or Guardian of (My daughter's name).

The letter purported, by stating The law in your state authorizes the merchant to recover civil damages / and or penalties, which they suffer as a result of shoplifting, from the parent or guardian of the minor who shoplifted. that I was responsible for paying $100.00 or subject to be sued civilly and having to pay attorney fees on top of the $100.00.
Attached to this letter was a copy of Missouri Revised Statue 570.087 (http://www.moga.mo.gov/statutes/c500-599/5700000087.htm) making it look more convincing and legally accurate.

This Missouri statute clearly DOES NOT authorize the merchant to recover civil damages from the parent or guardian of a minor who has shoplifted. It only authorizes the merchant to recover civil damages if the shoplifter is an adult or a minor who takes possession of the stolen items.

While I certainly understand my minor daughter could possibly be a party to a civil suit I can not. The letter falsely purports that I need to pay this and falsely claims the law in my state (Missouri) allows the merchant (Wal Mart) to collect this money from the parent or guardian.

My concern is how many other parents in this state (not knowing the law) is intimidated by this Law firm with threats of a possible civil suit plus paying all attorney fees thus forking out the $100.00.

Very Respectfully,
Frustrated parent in Missouri


R.p.
Sedalia, Missouri
U.S.A.

This report was posted on Ripoff Report on 01/21/2009 08:31 AM and is a permanent record located here: https://www.ripoffreport.com/reports/bennett-delony-pc/salt-lake-city-utah-84047-1808/bennett-delony-law-firm-attempted-to-intimidate-a-parent-of-a-juvenile-shoplifter-salt-l-414319. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#2 Consumer Suggestion

You need to read the statute AGAIN!

AUTHOR: Robert - (U.S.A.)

POSTED: Friday, January 30, 2009

From the statute:

2. An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees.

3. The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year.

The parent(s) ARE civily liable. Read it yourself.

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#1 Author of original report

Bennett & Delony Law Firm

AUTHOR: R.p. - (U.S.A.)

POSTED: Thursday, January 29, 2009

This law firm was contacted via email and they have NOT returned my email to them.

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