Does Palmer Reifler & Associates issue arrest warrants for non-payment of a civil theft notice?After attempting to leave with $26.20 from a Forever 21 in NYC I was caught and made to sign a paper with my name, phone #, address and the amount I tried to take and saying that I agree not to go to that store for a year. The Loss Prevention employee made a copy of my Driver's License and told me that if I do not pay the "fine" that Palmer sends me by mail, a warrant will be issued for my arrest. Is this in fact true or just a scare tactic used by this LP employee? I was told by the same LP employee that after I pay the amount from Palmer this would be the end of this situation. But after reading many Palmer topics online, I can see that Palmer still sends out threatening letters for more money claiming the retailer is pursuing criminal charges. Is that also in fact true or just more b.s. Attorney answers (3)
Yes, the firm Palmer, Reifler & Associates, P.A., is real and is a legal firm.
http://www.civilrecoverylaw.com/Main/ That firm is often hired by stores to bring civil complaints against shoplifters and others that have tried retail theft. Check with a NY lawyer in your locale to discuss more of the details. You will need to disclose to your lawyer exactly what happened in order for him or her to properly advise you. Do not post further details of your alleged retail theft online. This is not a secure, private website. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. PS Many here on Avvo have suggested to ignore the letter from the Florida lawfirm. I suggest you talk it over with your attorney. 2 people marked this answer as good
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Only the court can issue an arrest and only after a conviction. Stores are permitted to charge a loss prevention fee. It is illegal to claim a non police agency can arrest anyone. Even though this involves shoplifting, they are in violation of the fair debt collection act, and you might qualify to file a complaint with the attorney general for unfair debt collection practice. Because of the shoplifting you may want to first confer with a criminal defense attorney.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. New York City: A Guide to the Courts…………………………………….. How New York State Protects Consumers from Debt Settlement and Debt Collection Agencies, Part I and Part II. Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile. FYI my law partner James DeFelice practices criminal defense law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. Additonal Comments on debt collection can be found in Part I of my guide on How New York State protects consumers from debt settlement and debt collection companies. 1 person marked this answer as good
Retail stores send out hundred of these notices. These notices are civil in nature and are not linked to your criminal case.
Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only. Find Franchising Lawyers |