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It's about a minor. Texas. My son was fired from Walgreens…

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Hi, It's about a...

Hi, It's about a minor

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Texas

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My son was fired from Walgreens for theft. He paid $400 at his termination, and I just received a letter from Palmer recovery for $1500? I have a few questions

Submitted: 8 months ago.Category: Legal
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Answered in 13 minutes by:
11/29/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
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Satisfied Customers: 48,863
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 8 months ago

Whats questions do you have here, can you tell me what letter states?

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Lawyer: Ray, Lawyer replied 8 months ago

Texas Theft Liability Act. The Texas Theft Liability Act provides that a person who commits a theft is liable for damages resulting from the theft. Tex. Civ. Prac. & Rem. Code Ann. § 134.003(a). A parent or guardian who has a duty of control and reasonable discipline of a child may also be held liable for a theft commited by the child. Id. § 134.003(b). A person found to have commited theft can be forced to pay back the plaintiff's damages sustained from the theft and and a sum not to exceed $1,000. Id. § 134.005(a)(1). In the case of a child the parent or gaurdian can be forced to pay actual damages plus a sum not to exceed $5,000. Id. § 134.005(a)(2). The prevailing party in case under this statute shall also recover court cots and reasonable and necessary attorney's fees. Id. § 134.005(b).

Theft under this statute refers to specific Texas Penal Code definitions. Tex. Civ. Prac. & Rem. Code Ann. §§ 134.002; Tex. Penal Code Ann. §§.31.03-.07, 31.11-.14. Under the Texas Penal Code, a person commits the offense of theft if he "unlawfully appropriates property with intent to deprive the owner of property" without the owner's "effective consent." Tex. Penal Code Ann. § 31.03(a)-(b). "Appropriate" is defined under the Penal Code as "to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another" or "to acquire or otherwise exercise control over property other than real property." Id. §.31.01(4). "A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result." Tex. Penal Code Ann. §.6.03(a) (Vernon 2011). An "owner" is "a person who . . . has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor[.]" Byrd v. State, 336 S.W.3d 242, 251 (Tex. Crim. App. 2011) (citing Tex. Penal Code Ann. § 1.07(a)(35)(A).

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