Accused of petty theft in NY state at a store , was not arrested and no police were called, was told that I am not banned from the store and I would be getting a call or letter from the (deleted store) attorney for up to 5 times the value of the accused theft amount $ 14.75 in theft , received the letter from a attorney out of state , questions are, should I pay the $75.00 penalty fee or wait to see if they press charges against me ? First time this has happened to me , the letter is a very legitimate one with a case file number and the way it sounds ? I have about 15 days left to pay , it does state that they accept cash ( I presume this is if you live in the same town as their office is ? What's the chances of charges being filed on this ? Thank you for any help you may provide , I do not need a lecture just honest advice , also had to sign paperwork in the security office but was not given a copy of what I signed , please some real good advice and not a lecture I'm 60 yrs old and I did not intend to steal , yes your thinking that I did not intend on getting caught, heard that before but please let me know what I should do with the letter and this hanging over my head ? Remember the letter has a case file number on it ?
I removed the name of the store to protect you and us. We don't want to get sued, and I'm sure you don't, either.
Okay, you have some options. You could just pony up the tribute they're demanding.
The law in NY state allows the store (or their agent, in this case the out of state law firm) to send you a letter demanding you pay up to five times the value of the junk that was ALLEGEDLY stolen.
So far, so good.
Now, here's where the dispute usually begins. The case number is simply an internal number the store or the law firm uses to track a particular case. It doesn't signify that a lawsuit has been filed.
Even if you were sued and the store prevailed, the plaintiff would only receive a judgment. A judgment in small claims is practically useless, especially for nominal amounts. Even a judge can't compel you to pay. The plaintiff has to spend more money to perfect the judgment, then find any assets (NOT exempt from attachment) to try and levy against it to get paid.
Let's say the aw firm sues you, gets a $75 judgment, perfects it, and places a lien against your home. So what? The law firm can't force the sale of your home, r your car to collect seventy five,or even five hundred bucks. The lien would sit there until you died, and your heirs tried to sell your home. Yeah, not much to worry about, especially at our age.
Say the law firm levied against your checking account. If your account is funded solely with social security benefits, or a pension, that's practically untouchable. Yeah, it'll ding your FICO score, but at our age, who uses credit? LOL
So, lets quickly recap. You can visit a lawyer or two in your county, take the DEMAND letter, watch the lawyer laugh when he or she will tell you, DEMAND letters are useless. It's another TOOTHLESS, FEEL GOOD KIND OF LAW. If you know your rights, not to worry. The lawyers will meet with you initially at no cost to you for an introductory session. You'll get 20-30 minutes for the insulation and can confirm my thoughts. You also can ask additional questions.
By the way, the alleged stolen junk, was undamaged, returned to stock, and likely has been sold. So, you can pony up $75 and that means the merchant collected ninety bucks for fifteen bucks worth of junk, that probably cost the merchant five bucks.
I also suggest you stop trying to explain. The police weren't called, you'll never be charged with a crime, and the less you say and do, the better. Remember, we are all innocent, until proven guilty. You aren't required to prove innocence. The state must prove guilt. That's why you never explain, answer questions, you simply say, I WANT A LAWYER, AND I INVOKE.
Then it's just name, address, date of birth, and other biographical and demographical data.
Last point, NY state has limited funds and won't look us old people up, unless we do really bad stuff. As you didn't do anything, because the police weren't called, those papers the store possesses, USELESS, unless you BLAB.
Now, go and enjoy the golden years, buddy and stay away from that store for at least five years. You go back there, and don't say I didn't warn you. Why? Don't worry about why, just stay away for at least five years, maybe forever. Small price to pay to dispose of the mess.
Bon chance mon Amis.
