Shoplifting, Larceny, Robbery, Theft theft 10.00 item ,store fining 400.00?

[tanyakm]

boyfriend caught stealing a item worth 10.00 now store wants to fine 400.00, they keep sending letters now he has one sent from a lawyer. he was not ever been to court or requested to go to court. how can anyone but a judge order him to pay a fine. he is banned from store and they got thier item back

 

[army judge]

boyfriend caught stealing a item worth 10.00 now store wants to fine 400.00, they keep sending letters now he has one sent from a lawyer. he was not ever been to court or requested to go to court. how can anyone but a judge order him to pay a fine. he is banned from store and they got thier item back

Because in many states, these demand letters have been legitimatized.

If he fails to pay their $400, they might choose to sue him.

They may just go away, but often they keep increasing their demand.

One small correction. A judge can't order you to pay, either. A judge can rule that Wiley Coyote owes Road Runner $500.
As long as Wiley and Road are just people, that's it. Then Road has to try and collect the $500 from Wiley.
Its only when YOU owe the government that collection orders and levies are issued.
So, if your friend doesn't pay the $400, they can sue him.
If they do sue him and win say, $2,000; then they have to collect it on their own.
The police don't collect debts, neither do the courts.

 

[mightymoose]

The letter from the attorney is meaningless. They are trying to intimidate him into paying. It may not even be a real attorney but a sneaky collection agency.
If he hasn't been to court he can keep ignoring the letters. He will know when he is served a legal document and is obligated to appear in court. That may never happen as it is likely not cost effective to pursue. Their hope is to scare him into paying up.

 

[shrinkmaster]

Its legal its called civil demand and on law books in all 50 states the UK and Canada. Failure to pay can bring forth several long term consequences. I suggest you read this http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 then decide how you want to proceed. I work as a retail theft consultant and deal with these issues daily.

 

[CdwJava]

boyfriend caught stealing a item worth 10.00 now store wants to fine 400.00, they keep sending letters now he has one sent from a lawyer. he was not ever been to court or requested to go to court. how can anyone but a judge order him to pay a fine. he is banned from store and they got thier item back

As you have been informed, this is a civil demand that is permissible under PC 490.5 and they may make a claim for between $50 and $500 regardless of any court proceedings. If he refuses to pay them, they can still pursue the criminal charges against him as well as seek the money they are requesting. They can also sue him for the money and he will almost certainly lose, and then he might be liable for their additional expenses or collections fees as well.

It's his call ... he can ignore it and cross his fingers hoping he doesn't get charged for a crime or sued for more money, or, he can pay the demand and thank his lucky stars that he has no criminal record.

 

[Betty3]

Agree that generally it is your best bet to pay the civil demand. It is usually better than taking a chance on what "might" happen if you don't - being charged with a crime, being sued for the money.......

It's your choice though. Some say not to pay it.