New Hampshire Revised Statutes 544-C:1 – Recovery of Civil Damages for Willful Concealment
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I. For purposes of this chapter, “willful concealment” shall mean willful concealment as defined in N.H. Rev. Stat. § 637:3-a.
II. A person who willfully conceals shall be liable for civil damages to the merchant up to $400 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.
III. A merchant may recover civil damages for willful concealment by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.
IV. A merchant and a person accused of willful concealment by such merchant may agree to execute a civil settlement agreement for up to $400 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:
Settlement of Claim for Taking Merchandise Without Payment
The undersigned, __________ , having failed to pay for certain merchandise, more specifically described as follows __________ , hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages up to $400, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment __________ . The following establishment __________ agrees to waive any and all claims it may have for civil damages.
Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.
II. A person who willfully conceals shall be liable for civil damages to the merchant up to $400 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.
Terms Used In New Hampshire Revised Statutes 544-C:1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. A merchant may recover civil damages for willful concealment by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.
IV. A merchant and a person accused of willful concealment by such merchant may agree to execute a civil settlement agreement for up to $400 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:
Settlement of Claim for Taking Merchandise Without Payment
The undersigned, __________ , having failed to pay for certain merchandise, more specifically described as follows __________ , hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages up to $400, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment __________ . The following establishment __________ agrees to waive any and all claims it may have for civil damages.
Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.
Party #1
Party #2 for the following establishment: