QUESTION

Do I have to pay civil demand?

Asked on Dec 15th, 2012 on Criminal Law - New York
More details to this question:
On Nov 21, I was caught shoplifting. Lost prevention stopped me outside and brought me back into the store. When they searched me, they found $113.98 worth of merchandise. They called the police and when they came I was only issued a "Notice to Appear in court" because it was my first offense. The company made me sign the paper work for civil damages but when the letter came they are asking for $200 and instead of having my first and last name on the letter. The company had my middle name for my last name. Because my license has my first, middle, and last name on it. I'm 21 by the way. I just wanted to know, should I pay the $200?
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11 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
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Normally, the civil penalty is no admission of guilt and does not hurt your criminal case. It is the stores way of recuperating money they spend in sending an employee to court for half a day to handle all the idiots who rob them blind. Not that you are an idiot. Everybody makes a mistake. If this is truly your first offense, pay the penalty, be nice and ask the district justice for shoplifting classes since this is your virginal criminal event. Once you complete the horrors of shoplifting course, they should withdraw the charges at the next hearing. This applies, unless of course, you get busted for more retail theft offenses in the interim.
Answered on Mar 19th, 2017 at 5:52 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You want to immediately see an attorney and make every effort to keep this off your record, it can effect the rest of your life, especially regarding employability.
Answered on Dec 19th, 2012 at 1:01 AM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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No. It is a demand not a judgment. You do not have to pay it.
Answered on Dec 19th, 2012 at 12:59 AM

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The civil demand is completely unrelated to the criminal case in court. A lot of people think somehow if you pay the civil demand the criminal case goes away. Wrong! All you've done is incriminate yourself by your action.
Answered on Dec 19th, 2012 at 12:58 AM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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No, you don't have to pay the $200 civil demand. You don't owe the store anything unless they sue you and win a judgment against you.
Answered on Dec 19th, 2012 at 12:55 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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The general consensus is that civil demand letters are a shake down and you should not pay them. That's the general advice. Best direct this question to your attorney, because in rare cases, you can use the civil demand letter as a bargaining chip with the DA. If you don't have an attorney yet, hire one. If you can't afford to hire one, ask the court to appoint the public defender to represent you.
Answered on Dec 19th, 2012 at 12:37 AM

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Criminal Defense Attorney serving Alhambra, CA at 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 Dec 18th, 2012 at 8:46 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You can try to talk them down. They have to spend about $340 to sue you for to get a judgment against you.
Answered on Dec 18th, 2012 at 8:45 PM

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James Edward Smith
Yes, of course.
Answered on Dec 18th, 2012 at 8:38 PM

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Michael J. Breczinski
Yes because they can get even more if you fight the matter.
Answered on Dec 18th, 2012 at 8:35 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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I advice my clients not to pay because I've never seen a store sue to collect. I always write a letter to the store or its lawyer telling them not to contact my client.
Answered on Dec 18th, 2012 at 8:32 PM

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