Should I pay a civil demand letter from Walmart?
The bottom line is – don’t pay the letter. Deal with the criminal shoplifting, burglary, or petty theft cases in court, heed the advice of your Orange County criminal defense lawyer, and ignore the letters you may receive.
How do I write a civil demand letter?
How do I write and send a demand letter?
- Type your letter.
- Concisely review the main facts.
- Be polite.
- Write with your goal in mind.
- Ask for exactly what you want.
- Set a deadline.
- End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand.
- Make and keep copies.
Should I pay a civil demand letter for shoplifting?
In many cases, nothing. This is especially true if you were caught shoplifting something of minor value. A civil demand letter is a legal attempt to obtain money, but it’s not one you’re legally obliged to pay. They could follow up by filing a civil lawsuit, or by pursuing criminal charges.
Should I ignore a civil demand letter?
If you received a civil demand letter, it is important that you do not ignore it. 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.
How long does it take to get 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.
How do you refuse a demand letter?
What to Do If You Receive a Demand Letter
- agree to do what the person is asking and put an end to the dispute.
- contact the person(or her lawyer) to explain why you don’t agree with her.
- contact the person (or her lawyer) to let her know that you refuse to do what you’re being asked to do and to explain why.
Is a civil demand on your record?
While criminal charges can be made public and convictions entered onto your criminal record, civil demand letters are not public record, and there is no real way for them to end up on your credit report.
What happens when you pay a civil demand?
The person pays fines, court costs, and restitution for any items that were damaged or not recovered and thinks that the case is finally over and that he can put this incident behind him. Then one day, he receives a certified letter. The letter from a law firm representing the store.
What can a civil demand letter be used for?
A Civil Demand Letter is a request from a merchant for payment for the cost of shoplifting prevention. It is often done instead of reporting a shoplifter to the police, but can be to parents of children, or even innocent bystanders.
What to do with a ” civil demand ” for shoplifting?
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.
Can a merchant make a civil demand in California?
Indeed, the California Penal Code has a provision that allows a merchant to make a demand of up to $500 from an individual accused of shoplifting in their store to recover “damages”. Those stores sometimes contract with law firms to crank out form letters, demanding outrageous sums of money.
What to do with the ” civil demand ” in California?
If you were given a citation to appear in Court and have an upcoming Court date for the criminal charge of petty theft or shoplifting in California, the civil demand is not your biggest concern, the criminal case is. Matthew Ruff can help you keep this offense off your permanent record and avoid being placed on probation for a theft offense.