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32

There is no intention to commit theft, so there is no criminal act on the part of the customer. Even if there was a criminal act, the ability of the restaurant to detain the cusomer (citizen's arrest) is very limited in most jurisdictions. The restaurant can ask the customer for his name and address, but there is no legal obligation on the customer to ...


10

Time to negotiate. I had this happen with a $46 tab. I told the manager that I had $21, and that the server should get a tip before the bill was paid. I also offered to take their address and send a check. The manager accepted the $21 and agreed that the server would get $8 of it first. Possibly less risk for them than relying on me to send a check. ...


3

Well there's the principle of causation, which applies both for criminal and civil cases more or less universally (in every civilized country, anyway). If, for example, you break their window, you caused the damage, and therefore you are liable for it. If you cannot pay because you didn't bring any means of payment, well that's bad because again you caused ...


3

The actions the restaurant can take, likely depend on HOW you leave the place Suppose you eat and find out that they cannot accept the card. If you then run out of the building, they will likely be in their right to make a claim on you. However, what I have done in similar situations was starting a conversation as follows: This is unfortunate, what do ...


2

He can always pursue you in civil law In a pay-at-the-end restaurant, a debt is created when they deliver the food. They have the full range of civil law available to pursue you for that debt, including court, garnishments, etc. The debt is persistent, and does not clear when you walk out of the restaurant. It clears when the Statute of Limitations is ...


1

Failure to accept payment is not the same as failure to provide payment. It is typically accepted in cases like these that the restaurant will attempt to make available alternative forms of payment. This generally means jotting down card details (much as their payment system would have done anyway), but it does not mean forcing customers to utilise a ...


1

There are various public records which can be searched, as well as services which provide public records. Ideally, you want to provide a current address, which if the person is a driver, will be recorded with the state licensing authority. My experience has been that if I provide the current DMV address, then the Sheriff will verify that address and serve ...


1

On what grounds, if any, can the retailer refuse the payment? The third party is not privy to the contract between the retailer and consumer. This means that the contract does not legally bind the third party, and therefore any performance by the third party does not constitute performance of the contract by the consumer (in this case, the obligation to pay)...


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