Concernbro.
New Member
- Jurisdiction
- California
Caught shoplifting for a $49.99 item. Got a letter from the store lawyers and want me to pay almost $400. I am willing to pay but I'm worried they might still want to bring this to criminal court.
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Shoplifting, Larceny, Robbery, Theft shoplifting
- Thread Starter Concernbro.
- Start date
army judge
Super Moderator
Read the letter.
Understand what you've read.
The letters tend to say, you pay, we'll go away.
adjusterjack
Super Moderator
Agree. Pay and it's likely to be the end of it. Don't pay and it gets reported to the policy and things get a lot worse and a lot more expensive than $400.
You have no leverage here. Pay, and pay quickly.
Concernbro.
New Member
Please be advised that the Law Offices of Michael Ira Asen, P.C. is the counsel for Kohl's in this matter. On 12/08/2015, you
were detained for a shoplifting incident at Kohls.
Under California Penal Code 490.5, Kohl's has a civil claim againist you because you intentionally deprived Kohl's of merchandise
without paying for it. This claim is separate from, and in addition to, any criminal action arising from this incident. You may
be held liable for the cost of the merchandise;the costs associated with loss prevention expenses and/or a civil penalty.
This letter is a demand that you pay $325.00 in satisfaction of this civil claim. This is not an attempt to collect a debt.
If we do not receive payment within 30 days from the date of this letter, Kohl's may make further effort to enforce its right
under this law.
Is it possible they'll still send this case to the criminal court?
were detained for a shoplifting incident at Kohls.
Under California Penal Code 490.5, Kohl's has a civil claim againist you because you intentionally deprived Kohl's of merchandise
without paying for it. This claim is separate from, and in addition to, any criminal action arising from this incident. You may
be held liable for the cost of the merchandise;the costs associated with loss prevention expenses and/or a civil penalty.
This letter is a demand that you pay $325.00 in satisfaction of this civil claim. This is not an attempt to collect a debt.
If we do not receive payment within 30 days from the date of this letter, Kohl's may make further effort to enforce its right
under this law.
Is it possible they'll still send this case to the criminal court?
army judge
Super Moderator
Yes, they could pursue it.
They tend NOT to pursue if they get the tribute they've demanded.
No one can say what another person might do.
We can only say that in these circumstances, if their victim coughs up the money they demand, the snakes slither away happy as a baby that just drunk a warm bottle of milk.
shrinkmaster
Well-Known Member
I am a Retail Theft consultant and answer questions like yours daily. Civil Demand (The letter) and any criminal case are unrelated. However they have NOTHING to gain by filing a criminal complaint if you pay. by the way it was unwise to name store or Law firm on public forum
army judge
Super Moderator
From the Law Offices of Greg Hill & Associates
22850 Crenshaw Blvd, #200
Torrance, CA 90505
Phone: 310.782.2500
Fax: 310.782.0200
Under Penal Code § 490.5, the demand of up to $500 is legal for a "victim" of shoplifting to make. However, there is no requirement that the suspected shoplifter must pay this fee, which is theoretically designed to reimburse the store for its expenses in employing loss prevention workers that stop shoplifters and prepare reports that usually are turned over to law enforcement. The fee also covers the cost of the closed-circuit television systems that act as security cameras. The fee also covers the store's payroll in paying the employees who monitor such videos.
The law firms which then write the loss prevention demand letters are employed by the "big box" retailers to try to recover this fee.
Albertsons uses attorney Neal C. Tenen with an office in Sherman Oaks, California.
Sears also uses Neal C. Tenen.
Target uses Bennett Law Group in Midvale, Utah.
Recently, JCPenney has been using attorney Ronald Harpern in Laguna Hills, California, although in the past it used attorney Michael Ira Asen in Port Washington, New York and with a second office in Greenvale, New York. Some JCPenney's still used Mr. Asen.
Kohl's has recently begun using attorney Alison I. Blaine in Melville, New York, but in the past it used Michael Ira Asen. Some Kohl's use an in-house collection agency now.
Sephora uses Palmer, Reifler and Associates in Orlando, Florida.
Michael's Stores also uses Palmer, Reitler, as does Target.
Costco, Cotton-On and Macy's use an in-house collection department. We have had some luck speaking with Costco's in-house collection agency, as well as Macy's, but no luck with Cotton-On.
When one of our clients receives such a letter we tell them to keep it, but not to pay it. We are fond of a Wall Street Journal study that can be found at Big Retail Chains Dun Mere Suspects in Theft (courtesy of Bob Marshall, Esquire) that basically found it is extremely rare for these firms to file a civil lawsuit.
However, as your criminal defense attorney, we can often discuss the civil demand with the prosecutor and seek a better plea bargain if you pay the demand. The prosecutor can of course certainly refuse to lower the fines or refuse to amend the complaint in exchange for the client paying the civil demand, yet it is prudent to explore this possibility.
Such a discussion often involves the issue of a civil compromise, as set forth under Penal Code § 1377 and 1378. Under these sections, a judge is permitted, in his or her discretion, to dismiss a criminal case if he or she finds that the victim of a criminal protection has been compensated for damages suffered and no longer wishes prosecution. An attorney can establish this by showing the judge a declaration signed under penalty of perjury by the victim that he or she acknowledges receipt of full compensation and is not desirous of criminal prosecution of defendant.
This type of motion, called a motion for civil compromise, is often used in vandalism cases involving first-time offenders and hit-and-run cases involving property damage to a car, usually by a defendant who was unaware he or she did so and is a first-time offender.
In shoplifting cases, however, it has become increasingly more difficult over the years to obtain such declarations by big-box retailers. Nevertheless, our office has had judges grant such motions to dismiss based on a civil compromise with Costco, Macy's, Sephora, Michael's, Sears and Kohl's, but it seems like the chances of having judges grant such motions is more and more unlikely. Big-box retailers seem to understand that they do not want anyone to believe they can "escape liability for a crime by paying a few hundred bucks." They want to be seen as intolerant of shoplifters. Judges, in exercising their discretion in ruling on such motions, have increasingly adopted a similar posture.
Nevertheless, it is worth the effort to try for such a dismissal, especially when the client is young, the amount taken is low, and the client has no criminal history. It further helps if the client takes an online shoplifting prevention program and shows the prosecutor and judge a certificate of completion of the program.
For more information about the issues in this article, click on the following articles:
What is a Motion for Civil Compromise?
What is Shoplifting and Its Defense?
What Punishment Do I Face for Shoplifting?
FYI:
Banned From 4,540 Walmarts
I received a civil demand letter from Michael Ira Asen, what will happen if I don't pay it? - Avvo.com
I got a letter from the law office of Michael Ira Asen,P.C.?
22850 Crenshaw Blvd, #200
Torrance, CA 90505
Phone: 310.782.2500
Fax: 310.782.0200
Under Penal Code § 490.5, the demand of up to $500 is legal for a "victim" of shoplifting to make. However, there is no requirement that the suspected shoplifter must pay this fee, which is theoretically designed to reimburse the store for its expenses in employing loss prevention workers that stop shoplifters and prepare reports that usually are turned over to law enforcement. The fee also covers the cost of the closed-circuit television systems that act as security cameras. The fee also covers the store's payroll in paying the employees who monitor such videos.
The law firms which then write the loss prevention demand letters are employed by the "big box" retailers to try to recover this fee.
Albertsons uses attorney Neal C. Tenen with an office in Sherman Oaks, California.
Sears also uses Neal C. Tenen.
Target uses Bennett Law Group in Midvale, Utah.
Recently, JCPenney has been using attorney Ronald Harpern in Laguna Hills, California, although in the past it used attorney Michael Ira Asen in Port Washington, New York and with a second office in Greenvale, New York. Some JCPenney's still used Mr. Asen.
Kohl's has recently begun using attorney Alison I. Blaine in Melville, New York, but in the past it used Michael Ira Asen. Some Kohl's use an in-house collection agency now.
Sephora uses Palmer, Reifler and Associates in Orlando, Florida.
Michael's Stores also uses Palmer, Reitler, as does Target.
Costco, Cotton-On and Macy's use an in-house collection department. We have had some luck speaking with Costco's in-house collection agency, as well as Macy's, but no luck with Cotton-On.
When one of our clients receives such a letter we tell them to keep it, but not to pay it. We are fond of a Wall Street Journal study that can be found at Big Retail Chains Dun Mere Suspects in Theft (courtesy of Bob Marshall, Esquire) that basically found it is extremely rare for these firms to file a civil lawsuit.
However, as your criminal defense attorney, we can often discuss the civil demand with the prosecutor and seek a better plea bargain if you pay the demand. The prosecutor can of course certainly refuse to lower the fines or refuse to amend the complaint in exchange for the client paying the civil demand, yet it is prudent to explore this possibility.
Such a discussion often involves the issue of a civil compromise, as set forth under Penal Code § 1377 and 1378. Under these sections, a judge is permitted, in his or her discretion, to dismiss a criminal case if he or she finds that the victim of a criminal protection has been compensated for damages suffered and no longer wishes prosecution. An attorney can establish this by showing the judge a declaration signed under penalty of perjury by the victim that he or she acknowledges receipt of full compensation and is not desirous of criminal prosecution of defendant.
This type of motion, called a motion for civil compromise, is often used in vandalism cases involving first-time offenders and hit-and-run cases involving property damage to a car, usually by a defendant who was unaware he or she did so and is a first-time offender.
In shoplifting cases, however, it has become increasingly more difficult over the years to obtain such declarations by big-box retailers. Nevertheless, our office has had judges grant such motions to dismiss based on a civil compromise with Costco, Macy's, Sephora, Michael's, Sears and Kohl's, but it seems like the chances of having judges grant such motions is more and more unlikely. Big-box retailers seem to understand that they do not want anyone to believe they can "escape liability for a crime by paying a few hundred bucks." They want to be seen as intolerant of shoplifters. Judges, in exercising their discretion in ruling on such motions, have increasingly adopted a similar posture.
Nevertheless, it is worth the effort to try for such a dismissal, especially when the client is young, the amount taken is low, and the client has no criminal history. It further helps if the client takes an online shoplifting prevention program and shows the prosecutor and judge a certificate of completion of the program.
For more information about the issues in this article, click on the following articles:
What is a Motion for Civil Compromise?
What is Shoplifting and Its Defense?
What Punishment Do I Face for Shoplifting?
FYI:
Banned From 4,540 Walmarts
I received a civil demand letter from Michael Ira Asen, what will happen if I don't pay it? - Avvo.com
I got a letter from the law office of Michael Ira Asen,P.C.?
Betty3
Well-Known Member
Your best bet is to pay it. They may or may not take further action but the chances are better that they will not if you pay.
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