Should I Pay A Civil Demand Letter For Shoplifting? (Penalty)

Receiving any kind of official, legal letter can be a nerve-wracking experience, especially when you don’t know what you are supposed to do with it.

If one has come through your door then you might be wondering, should I pay a civil demand letter for shoplifting? Yes, it is usually a good idea to pay the civil demand unless you want to challenge it in court.

In most US states, stores have the right to demand civil damages from people who have caused them financial losses through shoplifting. Read ahead to find out more!

Table of Contents

What Is A Civil Demand Letter?

The first thing that we need to talk about is what this letter actually is so that you know what you are dealing with. A civil demand letter is a letter that is often written by an attorney on behalf of the party in question.

It explains the nature of a civil dispute and demands that the recipient takes some kind of action.

In the case of shoplifting, the vast majority of civil demand letters will be demanding some amount of money to cover financial losses.

his amount will vary depending on the severity of the alleged offense and local law, but it is usually somewhere in the region of $250 to $500.

The damages that may be demanded will typically include:

The value of whatever items were taken
The cost of any damage that may have been done to this or other items during the offense
The expenses that the store has had to cover in dealing with this offense
Any other financial losses that the store believes they have suffered as a result of the offense

The letter will typically include additional information such as:

The location where the shoplifting offense happened
The date of the offense
The amount that is owed
Means of payment
Contact information for the attorney’s office that issued the letter

Why Have I Received A Civil Demand Letter?

It’s also important that you understand exactly what the letter means. For example, does this letter come from the court? Why has it been issued in this way?

A civil demand letter is related to civil law rather than criminal law. This letter is not issued by the Criminal Court and it does not necessarily mean that you have been arrested and charged with a crime. Instead, it is related to the Civil Court system, which handles disputes between parties.

As a civil case, a Civil Court judge would make any final decision if the dispute is not settled amicably. Civil Court judges cannot punish you for breaking the law in the same way that Criminal Court judges do, but they can order you to pay money to another party and they can make decisions about your family and your home.

The store will have sent you a civil demand letter for one of two reasons: First, they are seeking restitution for the money that they feel they have lost due to the offense that was committed.

Secondly, they may be looking for further punishment against you, and the letter could be part of a paper trail that they will use against you in Criminal Court.

Are You Liable To Pay Financial Damages?

In almost every US state, the perpetrator of a shoplifting offense is liable for any financial damages that are associated with the crime that they committed.

This can include the value of the stolen items, any damage to items, the fees and costs that the store has had to pay during the legal proceedings, and any other financial losses that directly resulted from the theft.

Therefore, if you have shoplifted from the store in question, then will be required to pay civil damages. However, if you are ultimately found not guilty of the crime then you will not be liable for these payments and, even if you are found guilty, then an attorney may be able to negotiate a lower payment than the one that is being demanded.

At the end of the day, whether or not you want to follow exactly what the letter says will depend on whether or not you are willing to fight the case, which may ultimately lead to you appearing in court.

There is also a question of how immediately you respond to the demand if you are willing to pay what they are asking.

Paying too quickly can be considered a sign that you are guilty of the shoplifting offense itself, which could have repercussions for a criminal case further down the line.

What Happens If You Do Not Pay?

If you choose not to pay the civil demand, then a few things can happen.

The store may not pursue it further. If the store does not want to take this case to Civil Court, then they may not continue trying to collect the money that they are owed. However, this is quite unlikely if they have already gone to the effort of sending out a civil demand letter in the first place.
The store will send more civil demand letters. Before taking things a step further, they will likely send you more letters reiterating their demands. These may seem like they are just a reminder but they are also a way to prove to the court that you are refusing to pay and have been made aware of what you owe.
The store can initiate a civil lawsuit. If you refuse to pay, then the store can turn the case into a lawsuit. If they win, then a Civil Court judge will order you to pay the money. Often, however, the legal fees and attorney fees associated with filing a lawsuit will outweigh the amount that they will receive so some stores may not be willing to do this.
The store will pursue the money in small claims court. Small claims court is usually a less expensive way of recouping the money from you, so it is often the preferred choice for many stores. However, whether or not this is a possibility does depend on your local laws and the specifics of your case.

It is important to note that, while many stores might be hesitant to take you to Civil Court for a shoplifting demand, they can pass the lawsuit on to lawyers who will add their legal fees to the damages that you are owed.

In that case, rather than just paying the $300 from the initial civil demand, you may find yourself paying $300 and $5,000 of the store’s legal fees as well.

If You Pay Is The Case Over?

A civil demand letter is only related to the civil liabilities that the store is owed in relation to the shoplifting offense. It does not actually resolve the criminal case.

Even if you pay the full amount that is requested, you can still be prosecuted and face criminal charges that are entirely separate from the civil liabilities that you have just paid.

A lot of civil demand letters will state that the store will not press charges if you send them the payment but it is not actually up to them to decide.

The police or prosecutors will make the final decision about whether they take you to Criminal Court, which could result in additional punishments such as fines and/or jail time.

Summary

So, should you pay a civil demand letter that you have received for shoplifting? The answer is complicated.

If you are guilty of the offense, then you are liable for damages and you can be forced to pay them in Civil Court. However, you may want to contest the payment or refuse to pay entirely if you are planning to plead “not guilty” to the crime.

It is always a good idea to consult with a criminal defense lawyer if you receive a civil demand letter so that you know exactly what would be best in your specific case.

Reference Sources

https://www.lawhelp.org/resource/the-differences-between-criminal-court-and-ci