Shoplifting, Larceny, Robbery, Theft Unintentional Shoplifting

[incumbitprobatio]

Have you ever been looking for your keys for several minutes only to realize you had them in your hand the whole time? Did it ever cost you two-hundred seventy dollars?

I was caught just outside the threshold of a mall department store with a single, $19.50 item in my hand which had gone unpaid for. Loss Prevention had unfortunately noticed this at the same time I had and I was apprehended the moment I turned around to head to a register. I explained my situation calmly and was polite and cooperative with the enforcer, who nonetheless confiscated the item and banned me from their store for two years, but did not threaten to press charges.

A week or so later I received a letter in the mail asking that I pay thirteen times (rounded) the cost of the item I had originally intended to pay for and never received! Furthermore, this request does not offer any guarantee that I will not be subject to further legal action, should I agree pay it. This amount is the definition of exorbitant and the request seems reminiscent of Mafia "protection money."

I have a perfectly clean legal record and have never had to go to court in my life, but I don't feel I should be made to pay this. I believe enough evidence could be provided to prove my intentions, should the need arise; I can provide more detail if needed. How should I handle this?

 

[army judge]

You are under no legal obligation to give the author of the letter a dime. Only a court can order you to pay a debt. The court with it's awesome and immense power can't force you to pay.


If I were you, I'd ignore the scammer. Sure, he's threatening to sue you. Let him.

You've offered your defense. Be prepared to use it, if this bum sues you.

Will he sue you? Doubtful!!! These creeps want easy money. They want you to roll over and play dead. Then, they'll pick your pockets.

 

[cbg]

Google the term, Civil Demand, and be more careful about walking outside the door of the store with objects still in your hand.

 

[jacksgal]

Your are free to ignore this letter however they (the law firm that sent letter) as many options as well none are good for you. Will they act on these options? Who knows? Are you a gambler? If not then you pay as its state law!

 

[jacksgal]

You can find Utah's Civil Demand law here

 

[army judge]

OP, note it is called a "demand", which isn't the same as a "court order"!!!

Fortunately, our brilliant founders gave us a constitution. The best constitution in the history of human kind. One of our many enumerated rights, is that we are entitled to due process. That prevents precisely what these "demand" statutes endorse. Due process, OP, due process; you're constitutionally entitled to due process.

Again, a legislature has no authority to command you to do anything. Our laws are prohibitive, aren't they?

A judge can order you to do something, or enjoin you not to do something. Our criminal laws can't be used to enforce private debts. Besides, this alleged "debt" is one without the benefit of a signed contract.

 

[jacksgal]

As I said are you a gambler? Are you willing to gamble they "wont" go to court to get monies which if it goes that far likely triple plus legal costs? Are you willing to gamble they wont file criminal charges if they have not yet? Are you willing to gamble they wont send a negative report to credit reporting agencies? Its a gamble so again are you a gambler? the law is on their side not yours! I have spoken to some of these firms and they do take these cases to court with some regularity. Bottom line "Are you a gambler"? You can read statute for yourself I provided link

 

[incumbitprobatio]

As I said are you a gambler? Are you willing to gamble they "wont" go to court to get monies which if it goes that far likely triple plus legal costs? Are you willing to gamble they wont file criminal charges if they have not yet? Are you willing to gamble they wont send a negative report to credit reporting agencies? Its a gamble so again are you a gambler? the law is on their side not yours! I have spoken to some of these firms and they do take these cases to court with some regularity. Bottom line "Are you a gambler"? You can read statute for yourself I provided link

I'm not asking about a gamble. It seems as though I risk further action whether I pay this arbitrary debt or not. I don't see anything that would stop this retailer from suing me after I have paid the requested amount. More to the point, I'm worried that making such a payment might be viewed as an admission of guilt, thus condemning me should they choose to pursue further action.

I am here asking for a clear perspective on what options I have. I have no intention to place a bet on their inaction. I am looking for legal advice as to my best course of action.

 

[jacksgal]

First off they cannot legally take further action (civilly) once you pay. Filing a criminal complaint after you pay nets them nothing so theres no gain in that. Have they filed criminal charges yet? Paying the civil fine is not an admission of guilt but can be seen that way. If you pay put note on check "this is not an admission of guilt" Its that simple. Your options are simple pay and it sover dont pay and see possible consequences its a gamble. As I have shown you the demand is state law. Its your call

 

[mightymoose]

Your assertion that you did not intend to steal the item won't get you far. The fact that you went beyond the register and left the store with it is typically accepted as intent. You most certainly could try to explain yourself in court, but just about anyone that intended to steal and got caught would quickly come up with a story like yours.... not to say that you are being dishonest, but that is the jam you put yourself in.

If it were me I would not pay their silly demand. If it were me I would not have signed their silly letter either... I would have either walked away or waited for police to come. Had the police come I would have been issued a citation, and in all liklihood the case would later be rejected by the DA (assuming your Utah DA's have better things to do and would not waste any more time on this than my local DA) and would not have cost me a single cent.

You did sign their silly letter, which doesn't help you, but there is no reason for you to pay if you truly feel you did not intend to steal, you feel you deserve to be heard, and you feel the demanded amount is excessive. If it gets to court it may be handled as an infraction rather than a misdemeanor, so there are minimal worries here about having a criminal record.

You may receive annoying and threatening letters, but I would bet the odds are slim that there will ever be a criminal report and a requirement for you to answer in court. They will most likely only try to scare you in to paying their excessive demand. Don't be bullied.

I would ignore their dumb letter and stay out of their store.