Shoplifting, Larceny, Robbery, Theft Unjustified Civil Demand Notice/Scam?

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legallyunaware

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Three months I was falsely accused of shoplifting at a store in Dallas. I was unable to prove that I didn't steal the item and out of fear from their threats of calling the police to have me arrested I agreed to sign a paper saying I would stay off the premises of their store for 3 years. They also said I would receive a Civil Demand Notice in the mail. I was unaware of what that even meant when I naively gave them my information and agreed.

:confused:

Now months later their "law firm" is harassing me for an outrageous sum of money for the Civil Demand Notice. The item I was accused of stealing was only $9.00 and the idea that I stole it was ridiculous since I had bought over $150 worth the merchandise before leaving the store. I had never imagined that they considered "compensation for time lost" to be the outrageous sum of almost $400 that they are demanding. I feel like I am being scammed and I can't afford to pay that, much less afford college without grants. I did in depth research about their firm and found out that they have multiple class action law suits against them for fraud and predatory collection tactics. Not to mention I have discovered several testimonies from individuals claiming to have paid them the amount they demanded only to have them continue to demand more money after.

I need to know whether I should pay the amount they are asking since I was told I would be criminally prosecuted If I didn't. I never received an actual letter from them because they claimed to have been given the wrong address, but I was told the amount through the constant machine operated calls I have been getting.
If you could please tell me what I need to do to make the harassment from this law firm stop I would be extremely thankful.
 
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P&R is the most agressive of these agencies. They will likely pursue all legal means to collect. This can cost you thousands if taken to end. Whether they take those agressive means or not I cannot say. I can say TX has statutes on books that cover this. this means law is on their side. Its a gamble ignore the demand and hope they don't take action of pay the sum and let this go. If you wer enot charged (criminally) at time of stop and refuse to pay civil demand the store can choose to file those criminal charges. You say you were falsely or mistakenly stopped how so?
 
Is there nothing I can do to contest their accusations? The girl I was accused by was so irrational that I was literally frightened.

How it happened was I had a wallet in my bag when I walked out that wasn't rung up and didn't have the tag removed, but it was in the shopping bag I handed to the store clerk when I checked out so obviously she didn't ring it up. When I walked out the sensors went off and the store clerk checked my bag and accused me of stealing it, even though it was the cheapest thing I had in my bag and it was on sale. I told her I didn't steal it and had intended to buy it. She became extremely rude and forced me to the back office of the store and called the security guard and so on. I had driven up there from my hometown partly to bring back a dress that they had forgotten to remove the security tag from the last time I was there, so I couldn't wear it and had to come back. The ironic thing is that the security sensors didn't make a sound when I walked out with that dress the first time.
 
I need to know whether I should pay the amount they are asking since I was told I would be criminally prosecuted If I didn't.

If you believe that you did nothing wrong then don't pay it. It is not up to you to prove that you didn't steal anything, it is up to them to prove that you did... and in order to do that they have to prove intent to do so.
They are bullying you hoping that you will pay up and be afraid of court.
Stand your ground if you choose. They may choose to seek criminal prosecution, but that does not mean they will win. The burden is theirs, not yours.

It was foolish of you to sign their documents if you had done nothing wrong. That document likely included an admission of having stolen the property, but that can be dealt with later. If you end up in court and can't afford an attorney then you can make use of the public defender. This is a petty matter that a public defender should be sufficient for.

Until then- stop communicating with the bullies. Anything they have to say to you can be done through the mail. Don't speak with them on the phone, don't agree to anything, don't make any promises. Mail only.
 
She became extremely rude and forced me to the back office of the store and called the security guard and so on.

They didn't force you to do anything.
All you had to do was hand over the wallet and walk away.
They might have called police if you did that, but so what? Explain to the officer what happened and be on your way. With the circumstances as you describe them I find it unlikely a District Attorney would purse criminal charges. The case sounds weak.
 
If you believe that you did nothing wrong then don't pay it. It is not up to you to prove that you didn't steal anything, it is up to them to prove that you did... and in order to do that they have to prove intent to do so.
They are bullying you hoping that you will pay up and be afraid of court.
Stand your ground if you choose. They may choose to seek criminal prosecution, but that does not mean they will win. The burden is theirs, not yours.

It was foolish of you to sign their documents if you had done nothing wrong. That document likely included an admission of having stolen the property, but that can be dealt with later. If you end up in court and can't afford an attorney then you can make use of the public defender. This is a petty matter that a public defender should be sufficient for.

Until then- stop communicating with the bullies. Anything they have to say to you can be done through the mail. Don't speak with them on the phone, don't agree to anything, don't make any promises. Mail only.


yes you are free to ignore the request. They are equally free to sue in court for doing so. Question is are you a gambler?
 
No, what they can do is make the criminal report. The District Attorney will decide whether or not to proceed to court. As it is described here the case sounds very weak for criminal prosecution. It isn't much of a gamble at all... assuming the OP is telling the truth. The worst thing the OP has done is sign their silly papers, which she can likely explain was done under duress.
 
If you receive some proof of the demand - in the form of a written notification - I would seriously consider paying it. NOT paying it can result in a far more expensive civil suit, or, as stated, criminal charges. While criminal charges might be unlikely, the burden of proof needed for a civil case is lower and you could very well find yourself paying the original civil demand (as permitted under state law) plus court costs and maybe even attorneys fees for the plaintiff (the store).

It is up to you how you respond. But, you have to ask yourself that question asked by Dirty Harry oh so long ago, "Do you feel lucky?"
 
Fact you left store with unpaid for merchandise. Store took back its merchandise. This is all the proof needed. Better than 80% of the shoplifters my husband has caught all say it was mistake or the clerk forgot to scan item. Most of the time that is a lie. maybe not in your case but still that is norm. Any form you signed admitting to theft also works against you. Once again are you a gambler? if not then pay it. If you enjoy the risk ignore letter knowing that firm seeking the monies has history of agressive pursuits of these funds. Why not since they only get paid when you pay. They have everything to gain and the law on their side
 
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