Wondering how long does it take to get a civil demand letter? Let’s go over all you need to know!
Oftentimes, shoplifters caught in the act will receive a civil demand letter. This standard protocol will require the offending party to pay a certain amount as restitution.
In general, it could take anywhere from two weeks to three months to get a civil demand letter.
This will vary by state and the retail establishment. We’re going to discuss all you need to know about civil demand letters.
However, if they received their stolen property, then the shoplifter shouldn’t receive one at all. That is, of course, there was another damage to the premises as a result of the five-finger-discount.
About Civil Demand Letters
The person accused of shoplifting will often receive a civil demand letter by a law firm representing the retail establishment. Here, they will list a specific sum with a request for payment and it will often be much more than the stolen goods are worth. Plus, they will send this even if they officially recovered the merchandise.
This is because the store is trying to cover their attorney’s fees as well as other expenses incurred due to the shoplifter.
Other fees added to the letter will be the store’s need for installing high-tech security systems, hiring security guards, training employees to deal with shoplifters and other such items.
Usually, the legalese for payment is “civil recovery” or “civil damages.” There will be several stipulations and guidelines for the accused to follow along with a due date.
This always comes from the law firm or personal attorney of the retail establishment. You will never see a state file for or send this letter.
Length of Time to Receive a Civil Demand Letter
How long it takes for the accused shoplifter to receive a civil demand letter can vary. There isn’t a specific timeframe to send it and there is no statute of limitations for them. So, in some cases, it can come in as little as two weeks or as much as three months.
There are instances of people seeing one six months to a year later in their mailbox. Therefore, the time it takes to receive this letter really comes down to the prerogative of the attorney, their law firm, and their client.
Read also >> What Is Civil Recovery From Shoplifting? (Restitution + More)
Read also >> Should I Pay A Civil Demand Letter For Shoplifting? (Penalty)
Read also >> Do Supermarkets Prosecute Shoplifters? (Do This Now!)
Read also >> Will The Police Track Me Down for Shoplifting? (Do This Now…)
Procedure after Getting a Civil Demand Letter
Once the accused shoplifter gets a civil demand letter, the idea is to pay the amount. However, most stores will not sue if they don’t receive the civil recovery money.
This is because such lawsuits aren’t worth the money and time it will take to recover it.
On the flipside of that, if a suit files with the court and the court awards the store with a judgment, the shoplifter will be liable to pay the whole amount.
This includes the legal fees entailed in filing the suit. Also, criminal charges and warrants could ensue, thus compounding the issue.
Seeking Legal Help
So, if you find yourself in this situation, seek legal counsel for help. While it may seem intimidating to receive such a letter from a law firm, don’t panic.
There are many free forums for instances of shoplifting, where you can get advice in your state on the matter in how to proceed.
In most cases, the attorney online will advise you to not pay the amount and wait to see if the store files a lawsuit against you. Even still, you should seek in-person legal counsel.
They can attempt to negotiate with the retailer’s law firm to lower the total price of the civil recovery. Plus, they can help protect you from criminal charges, should there be any.
However, you will have to pay the attorney for their time and effort. It can be anywhere from $500 to $1500 to retain such legal help.
This may not be practical in most cases of minor theft or in states where shoplifting laws are lax.
To Pay or Not to Pay
Failing to pay and ignoring it means you will receive another civil demand letter, likely every month. If you choose to pay the amount requested, be sure to retain copies of the payment.
This will include the date, form of payment, and method of submission. Ideally, sending a check via certified mail is best.
This is because they have to sign for the payment and they won’t be able to say you never submitted it. If they’re able to do that and file suit, you’ll have to pay double the amount and possibly serve jail time.
That is of course you can prove your payment to the courts. However, paying the amount often ends the matter on the spot without any further legal recourse.
But, if your theft was minor, then you can usually ignore the letter and expect nothing more to occur. This is because small claims court doesn’t allow personal attorneys to enter the courtroom for either party. However, if what you stole exceeds a couple thousand dollars, then ignoring the letter may not be a good idea.
Other Potentialities and Considerations
Whether you pay or not, you could still face additional civil and criminal charges. This will impinge on how strongly the retailer wants to make an example out of you.
The reason why you could still have other legal entanglements is that it is illegal for a store to accept money in exchange for not suing you. This kind of exchange borders on blackmail and fraud, which can become federal offenses on the part of the retailer.
Additionally, other stipulations in the civil demand letter may request you never set another foot on the premises.
So, regardless of your payment, it’s a wise idea to never go back there. This is because you can face trespassing charges, which will include fines, arrest, and possibly jail time or community service.
Preventing Receipt of a Civil Demand Letter
The best way never to see a civil demand letter in your mailbox is not to shoplift in the first place. Beyond that, it’s a tossup as to whether you’ll receive one or not and when you’ll receive it.
This will rely on the city and state you live in and the aggressiveness in which the retailer wants to come after you.
For instance, if you live in a place like Chicago, San Francisco, or New York City, the chances of receiving such a letter are minimal at best.
This is because of their loose laws regarding shoplifting. However, if you live in Lansing, Michigan, Omaha, Nebraska, or Anchorage, Alaska, then the likelihood increases.
If this topic is something of great concern for you, then you should do your due diligence and perform research about shoplifting laws in your area.
Also, look into how the state handles civil demand letters and what rights retailers have in pursuing prosecution of shoplifters.
Conclusion
Even though many people don’t think much of shoplifting as a crime these days, most retail establishments have other opinions on the matter.
The evidence for this comes from the various signs and posts throughout the store in the restrooms and dressing rooms about how they prosecute shoplifters.
So, when you see these, there is a staunch likelihood of receiving a civil demand letter if you choose to shoplift.
The total value of the stolen goods will influence how vigorously and aggressively the retailer will legally act. For many stores, however, minor items aren’t worth the return on investment for them to prosecute.