QUESTION
Do I have to pay a civil demand from Whole Foods?
Asked on Jan 25th, 2013 on Criminal Law - Louisiana
More details to this question:
Back in March 2012, I was caught shoplifting a few items that came out to be around $82. The LP took me to the back and recovered all the items and asked me if I could pay them for the amount shoplifted. I said no and he said that I would be receiving a letter asking me to pay an amount up to $500. The police were never called and a few weeks later I get a letter asking for the full $500 (even if there were no damages in the store or to the items) I made the mistake of emailing them back (Monument Security, Inc) and basically negotiated that I would pay them back the $500 in several payments because I'm a student. The last email I sent them was around May 2012 and it was telling them that I had acquired the funds and will mail it to them. I never got a chance to send the money. I just got a call from them today, should I call them back? Do I have to pay? What are my choices at this point since I've already contacted them? Please help! Thanks!
5 ANSWERS
Thomas Edward Gates
Yes, you must pay the civil demand. The $500 is likely more than the statute allows.
Answered on Jan 29th, 2013 at 7:45 PM
Michael J. Breczinski
Most States have a law where the store can sue for civil damages in addition to any criminal charges that could be brought. You are stuck and must pay.
Answered on Jan 28th, 2013 at 5:33 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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As a rule, I advise clients to ignore these civil demand letters. Unless you signed some agreement to pay this store, you owe them nothing. In order for you to owe them something they would have to sue you and win. However, It would cost them much more to sue you than they can ever hope to recover so they usually don't pursue it. With that in mind, I would advise that they can still take legal action against you by filing suit in small claims court. If you ignore these actions, a default judgment will be entered against you. So, although you can ignore the civil demand letter, do not ignore anything that comes from a court.
Answered on Jan 28th, 2013 at 5:30 AM
You need to exercise your right to remain silent, and not confuse the civil demand with the criminal matter in court (the 2 are completely separate).
Answered on Jan 28th, 2013 at 5:27 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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They have the right to recover from you, however, it was designed to allow them recovery for loss. I have been successful in defeating these claims when there was no actual loss like recovering in damaged clothes for example. However, this is a food store and they may deem it unsafe to re-shelve that which you took . Offer to pay the value of what you stole.
Answered on Jan 28th, 2013 at 5:26 AM