What Is Civil Recovery From Shoplifting? (Restitution + More)

Wondering what civil recovery from shoplifting is? Let’s go over all you need to know!

The laws around shoplifting can be difficult to understand and there are several ways that a store might approach taking further action after an incident occurs. With that in mind, you will want to know: what is civil recovery from shoplifting?

Civil recovery is a process by which stores or retailers are able to legally demand restitution from shoplifters. It is usually carried out through a Civil Demand letter that requires the individual to pay any of the losses that have been suffered due to the offense.

Read on to find out what you need to know.

Table of Contents

What Does Civil Recovery Mean?

The term “civil recovery” relates to a civil action in which a party is able to recover the money that they lost due to a crime, directly from the criminal responsible.

The way that civil recovery works does vary between legal systems and, in the United States, it is almost always used in relation to shoplifting crimes.

In every state, a store or a retailer is legally entitled to recover any losses that they incurred due to a shoplifting offense, and civil recovery is the process by which they can do that. The amount being demanded can include:

The total value of any items that were stolen
The value of any damage caused to the item or any part of the store
Any losses related to the theft itself

Although the exact amount that an individual is liable for does vary from state to state, and will obviously depend heavily on the specifics of the case, it is usually somewhere between $250 and $500.

What Can Civil Recovery Consist Of?

So, what does the civil recovery process actually look like?

In almost every case, civil recovery will start with the issuance of a Civil Demand Letter, which the alleged shoplifter will receive in the mail. This letter is often written by a third party and sometimes the whole process will actually have been outsourced to an external company.

The Demand Letter will outline how much the individual is expected to pay to the store or retailer as well as more information about the specifics of the event and the process, such as the party that is issuing the demand, the date on which the event occurred, the required method of payment, and what the alleged perpetrator is expected to do next.

Then, the recipient of the Civil Demand Letter can either choose to pay these damages immediately or they can choose not to, in which case civil recovery may continue into Civil Court.

How Can You Respond To A Civil Demand Letter?

If you were to receive a Civil Demand Letter then there are a number of actions that you can choose to take.

You could comply with the demands and pay immediately. At the end of the day, if you are guilty of the crime then the store or retailer is legally entitled to receive restitution from you. However, if you are planning on pleading “not guilty” to the crime in Criminal Court, immediately paying a Civil Demand can hurt your case.
You could delay payments and seek legal counsel. It may be that the amount being demanded is too high, or that you are not actually guilty of the offense that they are claiming. An attorney can help you to determine whether this is the case and how to proceed. This might include requesting a lower amount.
You could refuse to pay entirely. Ignoring the letter or refusing to make the payment that is demanded will usually mean that the case will escalate further, potentially becoming a civil lawsuit.

What Happens If You Do Not Pay?

If the recipient of a Civil Demand Letter does not pay the amount that is requested on the letter, then the process can continue in a number of different ways.

The issuer can choose to drop their demands. Since civil recovery is an action that is pursued directly by the injured party, they can choose not to follow up with any further demands should the alleged perpetrator refuse to pay. This is unlikely, however, as most stores or retailers will either only initiate civil recovery if they are sure that they can prove it in court, or will outsource to a third party that has no reason to drop the case.
More Civil Demand Letters can be sent. It is very likely that multiple Civil Demand Letters will follow if no response is received after the first letter. These will reiterate the amount that is owed and explain the next steps that will be taken if the individual continues to refuse payment. These letters are often used as evidence for a civil lawsuit and can demonstrate a lack of compliance.
A civil lawsuit can be filed. Civil recovery can ultimately end up in Civil Court with a civil lawsuit. This will mean that both parties need to appear in court and argue the case before a Civil Court Judge, who will ultimately decide whether or not the alleged offender needs to meet the demands. This process can be very expensive and lawyer’s fees and attorney’s fees will almost always outweigh the amount that the recovery is trying to claim.
The case can be taken to small claims court. Small claims court is a lot less costly than a civil lawsuit, so many shops and retailers choose to go down this route instead.

If a civil lawsuit is filed, some states allow recovery to include attorney’s fees, so the perpetrator could end up paying this significant amount on top of the amount that was initially demanded.

Is Civil Recovery Part Of A Criminal Case?

An important distinction when it comes to civil recovery is that this is a civil case and not a criminal one.

The civil recovery process is not directly linked to the criminal proceedings that may also be occurring in relation to the shoplifting offense in question.

Civil recovery is initiated by the store or retailer themselves. A Civil Demand Letter will often make the claim that paying them what they are asking will mean that criminal charges will no longer be pursued but that is not actually up to them to decide.

The police and the justice department will make the final decision on whether or not they want to prosecute the offender in criminal court.

It is usually true that most stores and retailers are not interested in pursuing further legal action once they have received a civil recovery payment but they cannot promise that the charges will be dropped entirely, or that no further legal action will be taken by the state.

What that means is that you can pay the entirety of a Civil Demand and still be prosecuted and convicted for the same crime in a court of law.

Then, you might receive entirely separate punishments outside of the civil liability that you have already paid, which may include fines, community service, being placed on probation, or even spending time in jail.

Summary

So, what is civil recovery from shoplifting? In short, civil recovery is the process by which stores and retailers are legally allowed to recover the money that they have lost in relation to an offense. In the US, this is almost always applied to shoplifting crimes.

The process usually starts with a Civil Demand Letter being sent to the alleged perpetrator who can then choose to pay this immediately or risk having a civil lawsuit filed against them, or other legal action being taken, in order for the money to be collected.

Reference Sources

https://www.tandfonline.com/doi/abs/10.1080/19361610903176260?journalCode=wasr20