Civil demand letter wants big money for little junk

[Betty3]

I do........................ I think everyone has enough info.

 

[mightymoose]

Your not providing info you just advising them not to pay!

I haven't advised anyone to not pay. I do inform them that they do not have to pay until a judge orders it. I inform them of the legal process and suggest they speak with an attorney. In some instances such as this one I inform them of the relevant statute which led to the finding that the demand may likely have exceeded what the law allows. Why should someone pay more than what the law allows? What are their options? Yes, settling the matter in court which would likely never happen in spite of the intimidating language used in the demand letters which have no legal weight whatsoever.

 

[CdwJava]

That is what should happen every single time. If a person pays their demand then maybe the store can consider asking the DA to not prosecute the offense. By not involving law enforcement there is no real mechanism in place to ensure there is a penalty of some kind, and stores actually contribute to the problem by allowing so many to walk away.

There is no practical way that they could rely on prosecution to obtain compensation in whole or part. First, the state could not afford to pursue all thieves. It's just not possible without a HUUUUGE increase in taxes to pay for such activity. Second, as you should know, the DA's offices in many (maybe most) counties in CA either rarely prosecute misdemeanors, or do not pursue property crimes at all. Many law enforcement agencies no longer respond to such calls, either. I would be all for arresting and prosecuting all thieves. But, at least in CA, property crimes have been often relegated to a shoulder shrug and a finger wag ... sadly.

This leaves many/most retailers with the civil demand process as their primary method to receive some form of compensation for their losses and deterrence for future acts. If someone is a gambler and is willing to risk the possibility (even if slim) of prosecution or a lawsuit/collections for failure to pay the fine, that's their call. But, it comes down to paying an assessment of $300 or paying three or more times that in the event you are sued, it goes to collection, or you get prosecuted.

 

[Betty3]

Good post (in my opinion) CdwJava.

 

[Princess11]

Thanks for all the input and info. I appreciate all the feedback. I am going to wait on paying the demand. Going to see if another letter is sent and then take it from there. I don't plan on paying such an inflated price though. I feel I paid my dues already. I made a HUGE mistake in the first place by not using my head and stealing. I got caught, items returned, I'm banned from the store. Now if I stole worthwhile items that cost the store a huge loss then I would obviously think again and pay. But $30 of stupid stuff, not worth the aggravation. I hope they can just drop this whole thing. Fingers crossed!

 

[shrinkmaster]

Your missing point! the cost of Civil Demand is unrelated to cost of items taken read here http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934 Furthermore if you wait for additional letters the cost will rise even more possibly triple! Your options are pay or dont pay. If you opt to not pay then cross your fingers that the law firm does not take further action as in this case http://www.thelaw.com/forums/showthread.php?t=59980 Its your call you have received advice on both sides from this site but the choice is yours