Shoplifting, Larceny, Robbery, Theft Retailer civil demand letter

[Bryan82]

Jurisdiction

California

So in November of 2017 I got married, short small legal church ceremony, followed by much larger destination wedding in the Dominican Republic at the end of March 2018. During the time of my legal wedding along with Christmas I received several gifts. Nearly all without recipet, unless purchased from our registry.

Needless to say I returned a few of these items, to a retailer that in the past I had no issues with, and typically was always given store credit. However on my last visit, they told me they would have to issue me a refund via check by mail. This was a few weeks before I left on my destination wedding.

When I returned from my honeymoon, I received a letter from the retailer, instead of being a refund check it was a civil demand letter. Stating that I took merchandise from the store on 03/28/2018. This of course was an impossible, as I flew from LAX to Miami on a red eye departing at 9:45pm on 03/27/2018 before getting my connector flight to Punta Cana. Essentially I was out of the country on the date they claimed I had shoplifted, and have the dated passport stamp to prove it.

I've tried to contact the number provided in the letter and they refer me to the store, I spoke with the manager of the store and they said it's out of there hands and to call the number in the letter.

Honestly I could care less about getting the refund of the item I returned, I'm much more concerned about the possibility of being sent to collection, having wages garnished (as I've read on a different thread) or being sent to small claims court which I am sure the judge would just laugh at the retailer when I showed proof of not being in the country. Also though I have no desire to work in retail ever again, I'd like to stay out off whatever national data base.

So far I have ignored the letters however the one I received today states that due to lack of respones (even though the previous letter gave me till July 31st.) My file has been forwarded to local counsel for the law offices of the retailers attorney who is based out of NY.

I will state I was never apprehended, the merchandise I was returning was not stolen, never signed anything admitting guilt. However a week before I left for my destination wedding I did lose my wallet which obtained my ID. I informed the store mangers if this as well, and she would not assist me when I asked was someone apprehended or are you sending this letter because of a history or returns without receipt.

What steps should I be taking or should I not worry and continue to throw away and demand letters I recieve.

 

[mightymoose]

I would do nothing. Contradict them in any way will only encourage them to pursue you for payment. You are dealing with a collection agency- their goal is to collect.

If you should ever receive a summons to appear in court make sure you go and provide your passport evidence.

You have no obligation at all to pay or even acknowledge their demand. If they want to force you to pay they have to go through court. If it ever gets that far you can make sure there has not been any theft database issues.

Until you are drawn into court you should not exist in their world... No contact.

 

[shrinkmaster]

I am a Retail theft consultant and answer questions like yours daily. If you did NO WRONG and have proof of that I would ignore they demand. If it goes further then you can talk to an Attorney.

 

[zddoodah]

If I were you, I'd have responded (in writing) to the first letter by providing the evidence that I couldn't possibly have done what was alleged.

 

[Bryan82]

If I were you, I'd have responded (in writing) to the first letter by providing the evidence that I couldn't possibly have done what was alleged.

When I first received the letter I called, and was referred to the store, I then called and spoke to the manager of the store. Emailed her a copy of the letter along with a picture of my passport showing the stamped date of me being out of the country.

She said there is nothing I can do, and from speaking to anyone the only option I'm am being told is to pay.

Do you think it is wise the I contact the new legal representative that is handing my file on behave of the retialers attorney, and show proof to them. Or will contacting them only put me further on there radar, and prolong this ordeal.

 

[army judge]

When I first received the letter I called, and was referred to the store, I then called and spoke to the manager of the store. Emailed her a copy of the letter along with a picture of my passport showing the stamped date of me being out of the country.

She said there is nothing I can do, and from speaking to anyone the only option I'm am being told is to pay.

Do you think it is wise the I contact the new legal representative that is handing my file on behave of the retialers attorney, and show proof to them. Or will contacting them only put me further on there radar, and prolong this ordeal.

If your denial is true, perhaps someone close to you IMPERSONATED you to escape being punished.

Joey gets nabbed stealing.

Joey says he has no ID, and gives Eddie's name and personal details.

The store then contacts Eddie, trusting the lies told by Joey.

If you're telling the truth, you might start looking for your Joey.

Most of the time, loss prevention agents of the store take a photograph of the thieves they nab.

 

[zddoodah]

When I first received the letter I called, and was referred to the store, I then called and spoke to the manager of the store. Emailed her a copy of the letter along with a picture of my passport showing the stamped date of me being out of the country.

She said there is nothing I can do, and from speaking to anyone the only option I'm am being told is to pay.

You mentioned all that in your original post.

Do you think it is wise the I contact the new legal representative that is handing my file on behave of the retialers attorney, and show proof to them. Or will contacting them only put me further on there radar, and prolong this ordeal.

I can't speak to the motivations of persons unknown to me.

 

[mightymoose]

When I first received the letter I called...

When you first received the letter you were already dealing with a collection agency. Their goal is to get you to pay, not to go on a fact finding mission and absolve you of any accusation.

Do you think it is wise the I contact the new legal representative that is handing my file...

I say no. The "legal representative" is most likely a minimum wage shmoe working for the collection agency.

You have no obligation to do anything at all.

If anything, you might visit the store and ask to speak with the loss prevention officer. As mentioned above, perhaps they will be willing to look back at any photographs or signatures to help you solve your mystery... but helping you with collections is beyond their ability now.