Civil demand letter wants big money for little junk

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Princess11

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I was caught shoplifting last week (very stupid and ashamed of it) It was nothing major just a couple of small items. I signed the stores forms banning me from going back and about civil charges. I received a civil demand letter in the mail a couple days ago with an insanely inflated amount of money they are asking for. If I do not pay this will they pursue any further? I've spoken to several people in this field and they said lawyers don't take further action because its not cost effective. THe store got their merchandise back and resold them I'm sure so restitution has been served. I own up to my stupid mistake. It was an impulse act after hearing some devastating news so I can assure this won't happen again. I'm not financially able to pay this large sum of money so I was told to ignore the letter. Will this be the end of it if I choose not to pay?
Thanks in advance
 
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No way to know. It's possible they might take no action - it's also possible they will pursue it, sue you, or even follow up with criminal charges.
 
I was caught shoplifting last week (very stupid and ashamed of it) It was nothing major just a couple of small items. I signed the stores forms banning me from going back and about civil charges. I received a civil demand letter in the mail a couple days ago with an insanely inflated amount of money they are asking for. If I do not pay this will they pursue any further? I've spoken to several people in this field and they said lawyers don't take further action because its not cost effective. THe store got their merchandise back and resold them I'm sure so restitution has been served. I own up to my stupid mistake. It was an impulse act after hearing some devastating news so I can assure this won't happen again. I'm not financially able to pay this large sum of money so I was told to ignore the letter. Will this be the end of it if I choose not to pay?
Thanks in advance

You've asked several lawyers and others experienced in the field of retail theft.
You know the answers.
The answers won't change.
The good news seems to be you'll never steal again.
Plus, you're going to stay out of their store.
You can pay, cross your fingers, and hope they keep their word.
You can ignore the demand, cross your fingers, and hope they don't sue.
Two choices, your call, boss man.
 
I was caught shoplifting last week (very stupid and ashamed of it) It was nothing major just a couple of small items. I signed the stores forms banning me from going back and about civil charges. I received a civil demand letter in the mail a couple days ago with an insanely inflated amount of money they are asking for. If I do not pay this will they pursue any further? I've spoken to several people in this field and they said lawyers don't take further action because its not cost effective. THe store got their merchandise back and resold them I'm sure so restitution has been served. I own up to my stupid mistake. It was an impulse act after hearing some devastating news so I can assure this won't happen again. I'm not financially able to pay this large sum of money so I was told to ignore the letter. Will this be the end of it if I choose not to pay?
Thanks in advance

You've asked several lawyers and others experienced in the field of retail theft.
You know the answers.
The answers won't change.
The good news seems to be you'll never steal again.
Plus, you're going to stay out of their store.
You can pay, cross your fingers, and hope they keep their word.
You can ignore the demand, cross your fingers, and hope they don't sue.
Two choices, your call, boss man.
 
I am a retail theft consultant and answer questions like yours daily. Its not inflated because its not about cost of item read here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 it also describes what "could" happen if you refuse to pay. Not to pick on you so sorry in advance, but you didnt care about the stores lost yet you take issue with Civil demand? Any ways its a crap shoot if they take further action or not but some do read this http://www.thelaw.com/forums/showthread.php?t=59980 you think cos thigh now then ignore letter it will get higher. I advise all my clients to pay this some do some dont its their call and their risk. We cannot say if the Law firm will use their legal options to get funds but if they do it wont fair well for you. They also have the option to file a criminal complaint if not filed at time again its your risk and your call
 
New York , 11-105:

5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.


Example: You get caught stealing a widget with a retail price of $20. The widget is recovered undamaged and is able to be resold. You are not responsible to pay the value of the widget since it was undamaged. The law allows for a demand of five times the value of the widget or $75, whichever is greater, but not to exceed $500. In this case the maximum demand would be $100.

In your case determine what the actual retail value of the items is and multiply by 5. You can contact the agency attempting to collect the demand and offer that amount (or $75 if the total came to less than that). If they accept be sure to get in writing that it is accepted as "payment in full" or they may keep demanding more. If they do not accept then tell them to suck an egg and cease all communication with them.

If their demand is more than the law allows and you refuse to pay they won't get more than that from you if it ever went to court, and you wouldn't get stuck paying court costs either. In fact, if their demand is more than the law allows it is likely an indication that they won't pursue you in court and will rely on scare tactics to get you to pay what they want.

Don't be bullied by their tactics, and also stop stealing.
 
The bottom line is it is your decision whether you want to chance not paying the civil demand. In my opinion, your best bet is to pay it though others may believe different.
 
Ok I have learned my lesson. So do you think if I ignored this first letter they will continue to harass me and take further legal action? I'm nervous if I don't respond that something more serious may come about. On the other hand, I'm praying they end all communication at this one letter and just forget about the whole incident.
 
You might get more letters but there is no legal obligation to do anything. If you receive a summons to court that is something to be concerned about, but it is unlikely.
Do a little Googling for "New York civil demand" and see what some attorneys have to say about the demand letters. You can also visit a local attorney, possibly for free, for a quick visit.
 
I'm nervous if I don't respond that something more serious may come about.

That is what they are counting on. Intimidation and scare tactics are the primary way they get paid. Just remember you are innocent until proven guilty in court and you have no legal obligation to do anything they demand. What you choose to do is totally up to you.
With a little research you should find it is very uncommon for these matters to proceed beyond threatening letters.
The money you might have paid them may serve you better to obtain legal counsel if needed, though you can likely get a free initial consult.
 
The question is. Is it worth the gamble? If you say yes then by all means ignore the letter and let others pay for theft. If you don't wish to gamble with your future then pay it. Caca does happen (reference link I posted earlier). So is it worth the risk? Only you can decide
 
I'm curious... What was the value of the allegedly stolen items, and how much is the demand?
Are they asking more than $75 or more than 5x the value? If so, that is a very good reason to not pay as it is more than they can legally demand of you. It would also make for a very good defense should they try and take any further action.
 
Literally the items were maybe worth a total of $30 at most and the demand letter is asking for $219.90 which is absolutely absurd! How they figured out that number is beyond me which is why I don't want to pay. Now second question is, if I send say like $50 or $75 as a settlement amount would this be ok?
 
Literally the items were maybe worth a total of $30 at most and the demand letter is asking for $219.90 which is absolutely absurd! How they figured out that number is beyond me which is why I don't want to pay. Now second question is, if I send say like $50 or $75 as a settlement amount would this be ok?

If you send just $5.00, they'll keep demanding $200.
They won't settle, they need a minimum amount to scam to make it worth THEIR while.
If you don't want to pay, don't pay.
If you feed the bear, you only further excite the bear.
The bear is very hungry, and will only want MORE, MORE, MORE...
The bear will only cease if you GIVE the bear the amount he demands, $220.
If I didn't want to pay, why give in to $2.00?
You pay the BEAR the amount the BEAR demands, two hundred and twenty bucks, or remain SILENT and pay the BEAR NOTHING.

If the BEAR decides to have his BEARISH lawyers sue you, the most the law in NY allows is five times the value of the merchandise they seized from you (which was in resalable condition, according to you) was about thirty bucks, or $150.

No way any law firm is coming after you for $150.

A rookie lawyer would bill out at about $200, so suing you for $150 is financially unsound.

Just because someone CAN do something, most smart people decide to do so if its financially prudent.

The demand being made of you exceeds what NY state law dictates.

These law firms are more akin to legal OUTLAWS, hence the excessive demand amounts.

If I were you, I'd simply block all of their phone calls, ignore their letters, and remain silent.

As Moose wisely advised, only respond to documents associated with REAL COURT PROCESSES, such as a summons or subpoena, otherwise; GO SILENT, RUN SILENT, RUN DEEP.....
 
I don't think you quite grasp the idea here, Princess.

It's SUPPOSED to hurt. It's SUPPOSED to make you think twice about ever doing it again.

No one here can guarantee how hard they will push this. But if you are asking whether, if you send an amount that YOU think is reasonable, are they then banned from taking it further, the answer is not only no, but hell, no.
 
If you pay anything, I probably would not pay less than they are allowed to collect as per the law which another responder posted above. It's your decision though whether to pay at all & how much to pay if you decide to pay. We have no way to know for sure what the store might do in any case.
 
Really!? then what happened here http://www.thelaw.com/forums/showthread.php?t=59980 Listen its clear you dont want to pay and dont intend to so dont. You come here to get us to cosign your decision. You have heard from a Judge, A cop and person who works in filed (me). You have been pointed in direction of information to guide you so you have what you need. The law permit a law suit and some Law firms WILL sue. the law allows the retailer to file a criminal complaint if they choose so that too is an option. Its your call. Civil Demand is law call it a scam or whatever its still the law.
 
Literally the items were maybe worth a total of $30 at most and the demand letter is asking for $219.90 which is absolutely absurd! How they figured out that number is beyond me which is why I don't want to pay. Now second question is, if I send say like $50 or $75 as a settlement amount would this be ok?

As I suspected they are demanding more than the law allows. As you read above the maximum (assuming your $30 estimate is correct) would be approximately $150. You can offer a lesser amount if you wish, but unless they provide something in writing that it is accepted as payment in full then don't fall for their tricks.
If they are demanding more than the law allows that is an excellent reason to not pay the demand, and it will also protect you in the extremely unlikely event they tried to take you to court over it. You might still be ordered to pay the lesser amount, but nothing higher, and you wouldn't have to pay court costs either since they demanded too much.
 
Civil Demand is law call it a scam or whatever its still the law.

It is a law that exists primarily to circumvent extortion statutes so the retailer can handle things outside of court. It empowers the retailer to do certain things. It does not obligate the retailer or the accused to do anything, and there is no penalty for completely ignoring these toothless laws.
Innocent until proven guilty in court, and required to do nothing until a judge says otherwise- that is the law.
 
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