Shoplifting, Larceny, Robbery, Theft NY CLS general obligations law 11-105

[0re0c0okie]

My jurisdiction is: NEw york

i got caught stealing a 25$ mascara from sephora along with my friends who tried to take other stuff everything was recovered in the same condition, the first letter we received from this law firm was for a payment of 350$ the second and third letters ask for 625$. why do i need to pay if they recovered their merchandise? and what should i do im still a student and i can not under any circumstance pay this money.

 

[raskalnikov]

The idea that you can steal, get caught, but owe nothing is ludicrous. You need to take a serious look at your belief system.

 

[KidsNurse]

My jurisdiction is: NEw york
what should i do im still a student and i can not under any circumstance pay this money.

What you should do is write a letter of sincere apology to enclose along with the $625 they are asking.

All choices have consequences. You chose to break the law. Your consequence is a relatively small amount of money, as compared to being convicted of--and jailed for--your crime.

If you "can not [sic] under any circumstance" pay the debt which you've incurred, then you had--and failed to fulfill--a responsibility to keep yourself out of such expensive circumstances.

 

[dumpling]

NY cls 11-105

If the merchandise was still saleable, then they can still charge you a penalty (If is was not saleable then they can also charge you up to 5 times the item's worth -- up to $1,500). The penalty to which they are entitled can be no more than $500 (not $625). They can demand a $500 penalty before they take you to court. All they need to prevail in court is a "preponderance of evidence". And they can sue for this penalty even if the case was dismissed in criminal court. This is a separate civil claim.

That being said, it seems that most victims don't usually take these things to court, because, as you pointed out, the $500 they stand to retrieve is less than they would pay in legal fees.

However, if the attempted theft was from a large organization, they might have some corporate mandate to follow through on the litigation just to deter future loss in this area. If they prevail, which they probably will, you will be liable for the $500, and possibly legal expenses. (preponderance of evidence is not a difficult bar to reach). It is your gamble whether they pursue litigation or not.

 

[jacksgal]

dumpling this topic is several months old (June) its likely the issue has been resolved