Michael, you answer was very useful. how does she avoid the issue of reporting to Lexis Nexus and employment verification. The standard format letter they gave her threatens Lexis nexus unfavorable reporting that will impact future employment verification, is that a real threat or can that be contested with Lexis Nexus. I assume it is to make her pay the civil penalty

You're welcome.

She has to choose to either pay them or not, and either way there are consequences (the ripple effect).

If she pays them they go away.

If she doesn't then they can do whatever they wish (within the confines of the law) or not.

Many retailers maintain a shoplifting database, some are publically accessible some are not. Others actively disseminate their information. While this seems to be nothing more than lawful extortion it is in fact lawful.

In the end, as I originally said, whether or not she pays TJ Maxx is both a personal and a civil, and NOT a criminal defense related, question.

Thank you again for the +++ feedback and feel free to ask anything anytime.

Michael my last two questions, if you can kindly answer:
a. Is there anyway this can turn into a criminal matter. So if she doesn't pay, can they decide to turn this into a criminal offence and go to court
b. If she does pay, does this become an admission of guilt in case later this does turn into a criminal issue

Much obliged again

a) Yes. But to do so the retailer would have to either call the cops or walk the paperwork into the State Attorney's Office, and then they (the cops or the SAO) would have to be interested enough to initiate a criminal case. While this (like many things, including our Sun going supernova) is possible it is also extremely unlikely. In 9,999/10,000x (note - this is not an actual stat - it is merely stated to illustrate the point) if the cops are not called to the retail site while the alleged shoplifter is in loss prevention custody then there will be no police / criminal court involvement.

b) No. Payment of the civil penalty has nothing to do with criminal court and shoudl not be admissible in a subsequent criminal proceeding.

Let me add that I routinely advise people to throw those notices in the garbage and not to think twice about them. The reality is (as suggest with my example of the Sun exploding and all life on Earth ceasing to exist) that it is a rare circumstance where a retailer will throw away good money for bad. Still, if your friend wants to hedge her/his odds then $200 is a small price to pay to shut TJ Maxx up and close their file.

Thank you again for your kind feedback.