What's the difference Between civil demand and restitution?

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SamanthaMcginnis

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California
My friend and I (both minors) shoplifted $50 worth of stuff from kohls, we were given a restitution fee on the spot at the store and were told that we would be receiving a civil demand in the mail both civil demand and restitution fee were $225 each meaning both of us would be paying $450 dollars each making it a total of $900 between the both of us. I guess our question is do we have to pay both, what are the odds of the cops coming after us if we don't. We live in a very small town and cops take shoplifting VERY FREAKING SERIOUSLY. We are willing to pay restitution fee because it will ruin our credit if we don't, does a civil demand ruin your credit as well?
 
SamanthaMcginnis said:
We were given a restitution fee on the spot at the store...
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Did you pay this amount while at the store? I certainly hope not!

...and were told that we would be receiving a civil demand in the mail both civil demand and restitution fee were $225 each meaning both of us would be paying $450 dollars each making it a total of $900 between the both of us.
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They are scamming you.

I guess our question is do we have to pay both, what are the odds of the cops coming after us if we don't.
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Legally you do not have to pay anything, first because you are a minor, and second because it is not a legal debt. If they want to pursue anything regarding this they could come after your parents for it, but even then your parents would have no legal obligation to pay what they ask. They ask for these high amounts because people get scared and are often foolish enough to pay it.
As this point there is zero chance there will be police involvement.

We are willing to pay restitution fee because it will ruin our credit if we don't, does a civil demand ruin your credit as well?
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False. None of this effects credit ratings. In order for that to be a factor they would have to sue your parents in civil court and obtain a judgment, which is extremely unlikely. The judgment would be against your parents, not you. The odds of them pursuing this in court over such a tiny amount for merchandise they already recovered are very remote. The max they could hope to get in court is $500 and it would cost them more than that just to sue. Their goal is to scare you into paying so it doesn't cost them anything.

The letter you received is not a bill, it is not a debt, and not a fine. It is a letter from a stranger asking for money. Don't respond or acknowledge the letter in any way.

Lastly, if you have not informed your parents of this you should do so, because they are the ones legally responsible for what you do. Even so, they should not consider paying. If they have concerns they can take the letter to a couple local attorneys for advice as they will know how things tend to be handled in your area.
 
Nonetheless, civil demands are permitted by law and the store *could* sue you if you don't pay.
 
 
What was the value of the stolen item?

Subtract that from $225 and you have the amount they are trying to scam from you.

Unless you both stole something they are trying to scam you for double.

The amount of the civil demand is more subjective, but likely excessive as well.

In court they could be awarded less than they are demanding, and could not be awarded more than $550 between the two of you. This is why it makes no financial sense to go to court. It is cheaper to put a stamp on an envelope.
 
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SamanthaMcginnis said:
My friend and I (both minors) shoplifted $50 worth of stuff from kohls,
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You are minors.

There is NOTHING an adult court can do to you for a petty crime of this nature.

There is NOTHING the merchant can do to you or a law firm retained by the merchant to harass, scam, scare, bully, or coerce money out of you.

Minors are protected from many things alleged to have been done as a minor or even after that minor becomes an adult.

I suggest you IGNORE the idle, toothless threats of the bully law firm, and its bully merchant.

I also suggest you and your pal use this incident as an OBJECT lesson for the rest of your lives.

What is the lesson?

Don't ever steal anything.

Stealing is for idiots and dope fiends.

I presume you and your pal aren't either.

You are naive, young snowflakes who bit off far more than you can chew.

Fortunately you engaged in this criminal endeavor at an age where the law deems you incapable of committing crimes, and says you can only commit delinquent acts.

However, from what you have revealed here, the police didn't arrest you and take you before a juvenile court judge.

You appear to have been cited, warned, and now the bullying starts.

You are inexperienced in the ways of crime, evidenced by the fact you were caught.

Yes, even in small hamlets, merchants pay people to protect their goods.

So, don't do stupid stuff again, especially crimes.

No crime is a nothing burger.

All crimes are taken seriously by responsible citizens, law enforcement, and the criminal justice process.

Fortunately for you and your buddy, you were too young to pursue.

Don't get me wrong, you can be pursued, but not for petty offenses.

Don't become emboldened by what you might take as a triumph, because if you persist in THIEVERY, eventually you will be pursued.

That might mean you get tried as an adult and end up in an adult jail or prison.

A little leprechaun has chosen to protect your stupidity.

It won't likely be done again, especially in a small town.
 
mightymoose said:
California law holds the parents responsible. Any action taken toward collection, if at all, will be directed at them.
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Parental liability refers to the parents' obligation to pay for SOME damages caused by negligent, intentional, or criminal acts committed by the children of the parents.

Parental liability is not STRICT liability, per se.

Civil cases are lawsuits brought by a person for monetary damages.

As you and I regularly try to teach, a civil demand is simply a demand from party A to party B demanding B pay money to A.

A civil demand is NOT a court order.

As I understand what is alleged to to have occurred the miscreants were not arrested or cited, in the legal sense.

Therefore, the parents could IGNORE the demand, just as many adults do daily.

We also agree on the final point, I'm going to make.

Please, please, please - don't steal......
 
Yes, my point was that the demand issued to the minor is essentially a demand issued to the parent. California's code specifically addresses it.
 
mightymoose said:
Yes, my point was that the demand issued to the minor is essentially a demand issued to the parent. California's code specifically addresses it.
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Yes sir.

Some people think that a parent is strictly liable for all acts precipitated by a minor child.

It ain't necessarily so....
 
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