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I received civil demand letter after shoplifting. I ignored it but my father decided to pay behind my back. Now they charge more

Homestead, FL |

Now my dad has to pay $600 because he forgot to make payments and he just decides to tell me now. I spoke to the number they provide on the civil demand and the supervisor told me that I had to pay now the $600. I told them I was not going to pay anymore that I rather get sued and she told me that she was going to leave a note on my case saying that I wanted to get sued and that Walmart should sue me. Then I hanged up. I’m not sure what to do now. I’m really worried. Please help. Oh the cops didn't press criminal charges by the way. They were really nice neither did the manager at Walmart. I know now i did wrong and i really learned my lesson, its just gotten so confusing now.

Attorney Answers 5

Posted

Don't bother trying to work things out directly with those folks by yourself. They are notoriously full of it. They will likely remain so until you involve an attorney. Visit a local attorney who focuses on either criminal defense or debt collection and either should be able to assist you. If you had an attorney represent you in the matter which gave rise to the initial request, talk with that individual. Otherwise, prepare for a long and drawn out battle with likely dings to your credit report/score and harassment along the way. They are terrible people and they are not on your side.

The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.

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Asker

Posted

I don't really have an attorney and i cant afford one either :( My credit report is blank haven't had a job or credit card yet. The thing that worries me is that I'm about to become a resident on February of next year. Would this affect me if they do in fact sue me....

Bryan Andrew Lober

Bryan Andrew Lober

Posted

Many attorneys offer free initial consultations. If you come across reasonably during the consultation and there isn't much more to this than what you have posted, I doubt the legal fees would be high. Try to find one that's closer to you than downtown Miami if you are very concerned about fees; lawyers in less urban areas tend to charge a little bit less than their big city counterparts. Either way, you should talk with an attorney - whether or not you end up retaining him or her.

Asker

Posted

What are the chances you think that Walmart might actually sue me?

Bryan Andrew Lober

Bryan Andrew Lober

Posted

Did they recover all goods taken? Were the goods in new condition and able to be sold?

Asker

Posted

yeah all of the goods were returned it was like $37

Asker

Posted

And they were not damaged or anything

Asker

Posted

The manager told me though that nothing was going to happen and so did the cop. They just warned me i should learned from this experience. Which i have.

Bryan Andrew Lober

Bryan Andrew Lober

Posted

If WalMart were to ask me if they should sue, I would say no. That said, if they have stupid folks working in their legal department, anything is possible. I would be more worried about it damaging your credit score than of them filing a civil suit against you.

Asker

Posted

Oh also i spoke to the supervisor of the civil demand letter Reifer i believe. And we argued for a bit and she said she was going to leave a comment in my file that i wanted to be sued :(

Bryan Andrew Lober

Bryan Andrew Lober

Posted

The local supervisor likely didn't have much to do with that letter being sent. If you keep going back and forth with the supervisor, you aren't likely to help the situation.

Posted

Get legal advice. The more you try to handle this alone, the more confusing and twisted it will become for you.

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Posted

Mr. lober is correct. Hire someone who can deal with them for you.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Posted

Google the name of the law firm that is on the letterhead. You'll be surprised at how many people are dealing with this same thing.

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1 comment

Jim Mitchell Medley

Jim Mitchell Medley

Posted

Good suggestion.

Posted

Continue to hang up on them.

See http://online.wsj.com/article/SB120347031996578719.html

There is a law in most states, including Wisconsin, which allows for civil action collection when there is a retail theft. Most people choose to ignore the demand. They get a few more letters, each time asking for more, and then they stop. While the retailer can sue you, I have never heard of anyone actually getting sued. You do not owe any money unless you are sued and the retailer wins. This is a common ploy. Do not pay. If you do, you will be in a database which could affect your ability to get a job and could impact your life in other ways. If you are uncomfortable, have your lawyer write a letter. That should be the end of it.
(copied from Illinois Atty. Judy A Goldstein’s post but it is my opinion as well) http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html

See also: http://addbalance.com/civildemand.htm
http://www.avvo.com/legal-guides/ugc/civil-demand-letters---retail-theft---shoplifting---in-addition-to-or-instead-of-criminal-charges

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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