Have a simple question about the civil demand's reasoning. Typically department store loss prevention charge caught shoplifters to "recover costs." However if the stolen merchandise was all returned, and they can STILL resell it what's the big issue? Furthermore on the civil demand most department stores tack on the reason "that they had to hire loss prevention etc" as part of the civil demand. Regardless of the specific customer who shoplifted, they would have had a loss prevention department to begin with. Working 24/7. How is that reasoning fair, or legal to pass their "security" costs down to a shoplifter? Especially when they are charging sometimes 2x 3x the amount of the actual merchandise that was taken?
Whether you believe it is fair or not, a civil demand is legal. Yes, they do have to pay for "loss prevention" for one thing. This is an obligation of the person who commits a theft. You are civilly liable to the establishment for such theft. They can even charge a penalty which makes the civil demand more than the amt. of the theft. There is a real cost of theft - to the establishment & other patrons who do not steal also.
I am a Retail Theft consultant and answer questions like yours daily. Civil Demand is NOT about the cost of the item or items. Its about the cost to fight theft. Its state law and legal and there can be serious long term consequences for ignoring the demand. Here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 is a more detail explanation of Civil Demand
You should know that you have absolutely no obligation to pay their demand. You owe nothing until a court orders you to pay. It is there that you could make your argument for reducing the amount, and where the store must establish it's asserted loss.
You could consult with an attorney to consider your options.
Please read link I provided before you make that choice. Where its true you don't owe until court says so. However if it goes to court the amount will triple or more and thus cost over a grand possibly
Plus, if you go to court for criminal charges you could be obligated to pay both that restitution AND the civil demand.
While it is true that no one can make you pay the civil demand (yet), if they DO pursue you in civil court, you can pay $500 or more dollars on top of the demand and the store may choose to pursue criminal charges. Your choice as to how much of a gambler you are.
