§ 544-C:1 — Recovery of Civil Damages for Willful Concealment

New Hampshire § 544-C:1

• Jurisdiction: New Hampshire
• Title LV: PROCEEDINGS IN SPECIAL CASES
• Ch. 544-C: CIVIL DAMAGES FOR WILLFUL CONCEALMENT

Text

I. For purposes of this chapter, "willful concealment" shall mean willful concealment as defined in RSA 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.
Party #1
Party #2 for the following establishment:

Legislative History

1992, 106:2. 2006, 84:1, eff. July 4, 2006. 2009, 209:7, eff. Jan. 1, 2010.