QUESTION
Do I really have to pay civil demand?
Asked on Sep 14th, 2013 on Criminal Law - North Carolina
More details to this question:
I'm 18 & recently got caught shoplifting at Walmart. All I had to do was sign a paper saying that I knew they were going to take my picture & I was okay with it. They wrote down my address & phone number. They said I'd have to pay the civil demand if not further legal action is needed. I never left the store with merchandise & no cops were involved .
9 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You don't have to leave the store with the merchandise, just pass the last line of checkout with the intention of not paying for the items. According to the statutue, they can demand you pay a civil demand fee or take action against you.
Answered on Sep 17th, 2013 at 7:34 PM
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 Sep 17th, 2013 at 7:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely you do. If they are willing to forgo criminal charges, you are a fool not to pay the civil penalty. Now you are seeing the consequences of poor/stupid decision making.
Answered on Sep 17th, 2013 at 7:33 PM
No, they are trying to dupe you. Don't confuse the "civil" case between you and the store with the "criminal case" between you and the state.
Answered on Sep 17th, 2013 at 12:21 PM
Michael J. Breczinski
Yes you have to pay it or they can sue you and get even more money under the Statute.
Answered on Sep 17th, 2013 at 12:20 PM
Thomas Edward Gates
You must pay the civil fine. You are lucky if that is all you have to pay.
Answered on Sep 17th, 2013 at 10:55 AM
You don't owe the store anything unless they sue you in court and win a judgment against you. I advise my shoplifting clients to ignore the civil demand. However, since the store didn't call the police, if you refuse to pay the civil demand, they could file a police report and then you'd be charged with the crime of shoplifting.
Answered on Sep 17th, 2013 at 10:10 AM
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Get a good lawyer to review all of the facts in your case. Typically, these letters are sent by out of state lawyers who can't even practice in Pennsylvania. A
Answered on Sep 17th, 2013 at 7:10 AM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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They are legally entitled to recover security costs but they have to hire an in state attorney and bring suit. They do not do this. By sending out a letter, many people get so scared they pay. I would ignore the requests and they will stop sending them.
Answered on Sep 17th, 2013 at 6:52 AM