Shoplifting, Larceny, Robbery, Theft shoplifting

[nm427]

I was caught shoplifting merchandise valued at $9.99 on July 4th, 2008 from Lucky's supermarket. I was told that I was simply not allowed back in Lucky's ever again, but no other action would be taken. On September 21st I recieved a letter demanding I pay $400 within 15 days that the letter was sent (September 15). The letter also says that "The payment of any demand made upon you does not prevent criminal prosecution under a related criminal statute provision. Payment of the amount demanded may not be used in any court proceedings by our client as an admission of liability." What does this mean? And do I have to pay the $400? Is there any way the fine can be reduced?

 

[PJ_Weber]

And do I have to pay the $400?

Yes you do

It's called a civil demand, not paying it could lead to big trouble

Is there any way the fine can be reduced?

Unlikely

 

[raskalnikov]

Is there any way you could post the entire letter? I assume it's from the business, but not sure. Call them and ask what they'll do if you don't pay the $400. I disagree that you have to pay it.

 

[jacksgal]

PJ is correct its called Civil Demand and its a state law. It show stores recoup the 13 billion they lose each year to shoplifting. If it snot paid they will raise fee even doubling or more. If still not paid they can take you to court sue you and win! If that happens expect to pay court cost and legal fees as well. Turning a few hundred dollars into thousands possibly

 

[raskalnikov]

Yah, but the person hasn't been convicted yet.

 

[jacksgal]

Civil Demand is well "Civil" it does not require a conviction or even that person be charged!

 

[PJ_Weber]

Yah, but the person hasn't been convicted yet.

Not relavent

There are two avenues merchants can pursue

1) Criminal Prosecution

2) Civil Restitution

Take the OJ case as an example, in the Criminal Arena he was not guilty,
in the Civil Arena he was Guilty and took it in the shorts

 

[raskalnikov]

Yah, but it doesn't sound like Lucky's won a civil judgement, either.

 

[jacksgal]

If the OP is taken to court over this "Civil" issue it will cost much much more and the Law is on retailers side. The fees will triple or more plus court cost and legal fees meaning OP coud pay thousands! Civil Demand is State law!! Its not a scam. Retailers can if they choose go to court and win there if OP fails to pay. Its also likely that a negative report to credit reporting bureaus would be sent. None of this is good. Pay the fine and move on

 

[dee_dub]

Amazing - first time I've heard of a civil demand. Who decides the amount demanded - is it set by statute? What does the store need to prove in court to win? What about the representation that no further action would be taken?

 

[PJ_Weber]

Yah, but it doesn't sound like Lucky's won a civil judgement, either

I should have made it clearer and used a better example

For a civil demand a judgement is not needed, it's
a remedy for the merchant

If the demand is not paid a civil suit can be filed, which
will end up being much more expensive

 

[jacksgal]

Amazing - first time I've heard of a civil demand. Who decides the amount demanded - is it set by statute? What does the store need to prove in court to win? What about the representation that no further action would be taken?

The state statutes only give a max they can request. There is no formula. There are norms for certain amounts of theft but no guidelines