Shoplifting, Larceny, Robbery, Theft Paid Amount on Promissory Note and still got a Civil Case!

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rtfPriscilla

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I'm really upset right now :(

On March 8th I confessed to internal theft, they agreed to let me bring back the items I took back to the store. I signed a promissory note to that effect for the full amount of the value of the items, which came down to almost $300. Three days later, I brought back every thing, but one item I was not able to locate. The store manager took all of the items back, but one because he deemed it used. The 1st promissory note was disregarded and a 2nd one was created with the new amount of almost $215.00. I sent payment as instructed on March 17th, they got it on March 22nd and cashed my check on April 1st. the first line on said promissory note stipulates that the store chose restitution and will not file a civil claim against me as long as I make the payments on time.

Today I got a letter from Palmer and Reifler, that informed me of a Civil Case against me! They are seeking to collect the original amount from the 1st promissory note ($300) plus $500 for their time, investigations fees, etc. I called the store manager and he knew nothing about this, he promised to find out what that meant. I called P&R and I was told that they received the check for the $215, even though the amount owed was $300, I explained how the correct amount was $215 and he didn't really care about this and said it was okay, but that I still needed to pay the $500 because of the laws of California?! (They are in Florida and I am in CA). I asked him why that was if the promissory note we signed specifically says that they will not file a civil case against me, to what he responded that they are two different things and in short: I gotta pay the $500.

Can this really be?

Please help :( I really don't have that money and even if I did, I find it unbelievably unfair and unethical to come after me even after I paid when it was promised that this would not happen!

Thanks in advance.
 
Send a copy of the letter stating no civil action to P&R If they still pursue this seek legal advice from your own Attorney
 
Thank you for the reply.
Is there anything else I can do? I don't have an attorney and I don't think I can afford one either...
The letter reads that the amount should be paid in 20 days (April 20th), what happens if I don't?
 
Okay, I will do that.
If this helps, this is what prefaced the charge: "... and a civil penalty component in accordance with Cal. Penal Code, Section 490.5 (b) and/ or (c) in the amount of $500."
I looked it up and this is what I found:

"(c) When an adult or emancipated minor has unlawfully taken merchandise from a
merchant's premises, or a book or other library materials from a library facility,
the adult or emancipated minor shall be liable to the merchant or library facility
for damages of not less than fifty dollars ($50) nor more than five hundred
dollars ($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail value of
the merchandise if it is not recovered in merchantable condition, or to
a library facility for the fair market value of its book or other library materials."

I bolded that sentence because the items I turned in were recovered in merchantable condition and the ones that weren't I paid for.
 
Its not the penal code that is the concern. Its fact you have a letter from store saying if you paid they would not seek Civil demand.
 
That is puzzles me... Even the person I spoke to on the phone [when I called the Law Office number] was not able to clearly explained why I was supposed to pay that amount. I remember him saying that it had to do with CA laws and the amount the company had to invest for the investigation... so they are trying to make me pay for an investigation performed on 100+ people? Yeah, I think not.

What else should I include with the copy of the promissory note?

I'm mailing it first thing tomorrow.

Thank you :)
 
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