What is a civil demand letter?
A civil demand letter is a demand from a retailer, sent to a person who is caught shoplifting, asking that the person pay a sum of money to settle a possible civil claim against them by the merchant.
How long does it take for a civil demand to arrive?
If a civil demand is sent, it is likely to arrive within a few weeks of the incident, but in some cases a letter may not arrive for a period of months. As a general rule, the longer you wait without receiving a civil demand, the less likely it is that you will receive one.
Can a retailer send a civil demand letter for shoplifting?
As retailers need to recover the significant costs of theft prevention and enforcement, they are usually quick to send civil demands to apprehended shoplifters for restitution (reimbursement) of the cost. In many instances, a person who has been caught shoplifting will be told by store security that a civil demand letter will be sent by mail.
What happens if I don't pay a civil demand?
If you do not pay a civil demand, the merchant's options include: Filing a Lawsuit: The merchant has the option of filing a lawsuit, and may be able to recover attorney fees if it prevails in the lawsuit.
Abraham Fernando Carpio-Gonzalez
Your question, as I understood it did not ask about a "criminal" record, but just a record. So to answer your question, since I am licensed in Maryland, the answer is MAY BE, in my opinion.
Larry Jason Feldman
Your friend needs to act on this letter to resolve this dispute as soon as possible. many times a retail store will file criminal charges at a later date if the civil demand is not met. The store has up to a year to file the charges More
What is a civil demand letter?
What is a Civil Demand. A civil demand letter is a demand from a retailer, sent to a person who is caught shoplifting, asking that the person pay a sum of money to settle a possible civil claim against them by the merchant. Although the details and amounts permitted vary by state, a ll states have civil recovery laws that permit retailers them ...
How long does it take to receive a civil demand letter?
If a civil demand is sent, it is likely to arrive within a few weeks of the incident, but in some cases a letter may not arrive for a period of months. As a general rule, the longer you wait without receiving a civil demand, the less likely it is that you will receive one.
What happens if you know someone who has been caught shoplifting?
If you know a person who has been caught shoplifting - an act such as taking merchandise from a retailer without paying, retail fraud, or fraudulently paying less than the retail price due to an act such as price tag switching - that person may have received a civil demand letter from the store where the shoplifting incident occurred.
What happens if merchandise is not recovered?
The value of the merchandise: If the merchandise was not recovered in a condition that would allow for its resale, the merchant will normally demand the value of the merchandise taken or damaged by the shoplifter; and
What to do if you receive a civil demand?
If you receive a civil demand, you may be wondering, should you pay the amount demanded or ignore the letter? If you are inclined to pay the demand, consider offering the merchant or its agent a lower amount as a settlement of the demand. Some civil demands can be settled for a relatively modest amount (such as $50) even if the amount demanded in the letter is much higher.
What happens if you settle a civil demand?
Settling the civil demand will give you the peace of mind of knowing that you won't be sued, and that the demand won't end up as a debt on your credit history. If you reach a settlement agreement, make sure that the agreement is confirmed in a signed written document before you pay the agreed amount.
How much can civil demands be settled for?
Some civil demands can be settled for a relatively modest amount (such as $50 ) even if the amount demanded in the letter is much higher. Even if you are not inclined to pay the demand, you may benefit from trying to negotiate a modest settlement.
What to do after receiving a civil demand letter?
What you should do after receiving a letter like this is contact an experienced criminal defense attorney. Your attorney can attempt to negotiate with the company that issued the civil demand letter so that you may not have to pay the full amount. Our law firm may be able to protect you from facing criminal charges of theft if you act immediately.
Can you bring in your own lawyer in a small claims court?
However, small claims court does not allow for parties to bring in their own lawyer. Furthermore, under California law, if the statute under which you are sued (or a contract, if there is one) does not provide for attorney fees to the winner of the case, the opposing party cannot be awarded them.
What is a Demand Letter?
A demand letter, or letter of demand, is a legally binding legal document that businesses use to initiate breach of contract disputes before filing a case in small claim or district court. You should use demand letters as part of your regular business practice, mainly when you work with numerous contracts throughout your organization that have a risk of being breached. However, there are vital elements that your demand letters should include so that they serve their intended purpose.
Is it easy to write a demand letter?
Writing a demand letter is not an easy task. It is hard for non-legal professionals to determine exactly which issues are in focus and what laws were broken. Plus, you could miss issues that you didn’t even know necessary were part of the breach as well.
What does it mean when a store has an accuser sign an acknowledgement?
In many cases, the store will have the accused sign an acknowledgement that they will accept and pay the requested civil demand at the time they are detained for shoplifting inside the retailer’s business. These signatures are generally obtained under duress and would have little legal weight in a Court of law.
How to dispute a check?
Specifically write that you dispute the debt and the amount, however, the check will settle the matter. Attach a check for a lesser amount, say half of what they are requesting, write “payment in full” on the check and write “see attached letter” on the check as well. This is what is called an accord and satisfaction and should resolve the issue. If they send it back you are no worse for the wear.
What happens if you don't pay a lawsuit?
The general consensus in the legal community is that the law firms that send these letters almost never do anything if you don’t pay . One particular firm was quoted recently saying that they send out well over a million letters a year, but rarely file any actual lawsuits. The odds are overwhelming that if you ignore their letter (and the two or three that will follow with increasing amounts demanded), they will in many instances just drop it. You see, they know that even if they were to file a small claims case against you, they likely wouldn’t get anything in a judgment or if they did, it would be far less than the hundreds of dollars they’re asking for and it just isn’t worth their time. There have been instances where the store will go so far as to place a negative entry on the accused credit report, though this is rare and probably illegal unless you agreed to pay the amount or conceded the debt in some other manner. It is much more likely they will pursue the claim against you if you signed an agreement to pay the civil recovery while being detained. They deem your signature to be an acknowledgement of the “debt” and therefore treat it as such for purposes of collection. If you did not sign any agreement to pay a civil demand they can still pursue the civil costs but it is less likely.
Can you continue to be harassed by a letter?
You must understand that although you send this letter you may continue to be harassed, however it may end the matter and they may close the case.
Does a civil demand have to do with petty theft?
This civil demand has absolutely nothing to do with criminal charges of petty theft or shoplifting. If there is any actual restitution, you’ll be required to pay that amount (not some inflated amount) through the Court.
What is a civil demand letter?
In many instances, a person who has been caught shoplifting will be told by store security that a civil demand letter will be sent by mail. These letters will be sent either from the store, a law firm or debt collector. It will refer to the date of the shoplifting or retail theft incident and will make a demand for an amount of money, ...
What happens if a store doesn't file a civil lawsuit?
And if a store decides not to file a civil lawsuit, it does not usually prevent a prosecutor from filing criminal charges against a shoplifter or an employee who commits retail theft. This is the case even if you pay a civil demand.
What is the penalty for larceny against a merchant?
a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
Can a shoplifter settle a civil demand?
In order to have peace of mind, you may wish to negotiate the amount of a civil demand. It is not uncommon for the store and shoplifter to settle for less than the amount demanded. The store may also agree upon a payment plan.
Can you pay civil demand and shoplifting at the same time?
This is the case even if you pay a civil demand. Some states allow both to occur at the same time while others may only allow occur one action to proceed. It is important to know your state's shoplifting and retail theft laws.
Can a store file a civil demand?
A civil demand only concerns a civil matter. However, a store may choose to file a criminal complaint with the police. Sometimes the motivation for doing so is the belief that a civil demand will be ineffective against the accused person. A district attorney or prosecutor will review the complaint and make a decision whether or not to file criminal charges against the accused. If a prosecutor doesn't pursue a case, it does not necessarily mean that the store cannot pursue a civil lawsuit. And if a store decides not to file a civil lawsuit, it does not usually prevent a prosecutor from filing criminal charges against a shoplifter or an employee who commits retail theft. This is the case even if you pay a civil demand. Some states allow both to occur at the same time while others may only allow occur one action to proceed. It is important to know your state's shoplifting and retail theft laws.
Can a store send a letter demanding damages?
All states have enacted laws that provide retail stores with the right to send letters demanding civil damages from shoplifters. The amount demanded will vary based upon state law, the individual store, and the amount of the goods taken or stolen. Typically the amount demanded will be greater than the cost of goods stolen since the costs of the shoplifting prevention program and retail theft are included, in addition to legal costs. Let's take at New York's shoplifting law as an example. New York General Obligation Law Section 11-105 (5) states that:
What is a civil demand letter?
What you received is known as a "Civil Demand Letter". 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. Also, paying the demand is no guarantee that the court will not file a police report and bring charges against you. 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.
Can you be charged with a civil restitution order?
In other words, even if you pay per the civil order, you can still be charged criminally. If you are charged and convicted, yes, it will be a part of your permanent record.
Is a civil fine a criminal charge?
What you received was a civil fine. Not a criminal charge. If you are o be charged criminally, you will get a summons for your arraignment in the mail. Check the statute on civil fine, the $350 seems extremely high.
