Shoplifting Civil Demand Letters

I frequently get questions from clients about civil demand letters that they receive from a store or a law firm representing a store.  If Wal-Mart catches you stealing some headphones, you can expect to get a letter demanding that you pay the store as much as $600-$700. 

These letters carry no legal authority.  Their demand for payment is not like a court order, does not oblige you to pay them their demand.  A demand letter is the first step in a civil lawsuit, but to get a judgment, the plaintiff must file a case in court.  For petty theft cases, the amount sought in court is generally pretty small and must be filed in small claims court.

This process is too costly and too burdensome for these retailers to reasonably pursue.  While there may be a few documented cases of a retailer following up on an ignored civil demand letter, the most likely scenario is that they will just keep sending you demand letters, and eventually give up.  These letters are standard-form and very inexpensive ways to handle their claims.  Their hope is that enough people will be so afraid that they'll comply with the demand and pay them money.  Filing a lawsuit requires: going to a courthouse, serving the defendant, paying applicable fees, appearing in court for hearings and more.

If you were also charged with petty theft, it might be possible to work out a civil compromise dismissal, whereby your Los Angeles Criminal Defense Attorney can negotiate with the store to get them to release you from criminal liability for a misdemeanor.  Paying their civil demand will not affect criminal charges unless specifically negotiated as part of a civil compromise, something different entirely from a civil demand.  If you have questions about these letters, feel free to call our office for a Free Consultation with a criminal defense lawyer.  213-375-3775.

Paying or not paying a civil demand letter will not likely have any effect on whether criminal charges are filed.  The civil action is handled by the store or their legal representation.  If the police were involved and you were cited or arrested, you will need to appear in criminal court to fight misdemeanor charges (or felony charges in some instances). 

For more information regarding theft offenses, please view my article on California Theft Crimes.  If you've been arrested or charged with a crime, contact a Los Angeles Criminal Defense Attorney for a free consultation.  We can discuss your specific case in detail, evaluate your defenses and determine your eligibility for local diversion programs.

Common Terminology, Common Defenses, Fighting a Case, Jail Alternatives, Diversion Programs

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

---