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retail recovery services inc?
Dallas, TX
Viewed 66 times.
Posted 3 months ago in Criminal Defense
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hello. I recentley got caught shoplifting makeup in a grocery store.. yeah i know.. stupid idea. I got caught in the store and i pleaded guilty and gave them back what i stold, they took my picture, they wrote me out a thing saying i was being kicked out of the store for a year and if i came back there would be more too it. I talked to a cop and she said it was a free chance for me. but now i got a letter in the mail saying that i owe the store 325 dollars for theft. i dont understand this. Im eighteen and they said that this would happen if i got caught again.. and i didnt ever go back in there since then!
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also.. im actually from canada! Answers (2)Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 3 months ago.
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This appears to be by a law firm that sends these "demand" letters to people arrested for or accused of theft from retail stores.
Paying the $325 settles any civil claim and they cannot sue you. It does nothing about any criminal prosecution (and in fact if not done correctly can be seen as an admission of guilt, actually hurting your criminal case). You have several choices: 1. Pay the $325 and make it go away. 2. Ignore it. They will decide if it's worth it to file a lawsuit against you. Many times, they don't file a suit. They simply send out hundreds of letters and the ones that blindly pay they count as a win. The others, they write off. There's no guarantee they won't sue, but they may not. 3. Try to negotiate a lower amount with them. I'm betting the answer is no, but it never hurts to ask, right? If it does not work, you are back to #1 or #2. Good luck. DISCLAIMER Since I do not practice law in your State (or Canada), this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State or Country. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State/Country before you make any decisions about this case. Paul Holt Walcutt
This attorney is licensed in Texas.
Posted 3 months ago.
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Every year, retail stores suffer many millions of dollars in losses from theft and spend many millions of dollars on theft prevention. Some debt collection companies and law firms have convinced them that they are entitled to recover money from people who are caught stealing from them. These companies have also presented pretty good evidence to the retailers that by sending threatening letters to people arrested for shoplifting, they can scare or cajole a good percentage of them into paying the outrageous claims, usually by hinting that the prosecution/criminal case will be dropped if this civil claim is settled.
I think the Texas law that the assert this claim under is dubiously enforceable and I honestly don't think that the claim is legitimate unless they suffered actual damage to their property. I also think they are scaring/deceiving people into paying, because they never will take any action to drop the prosecution or help you out in the criminal matter. Think of it like this: does it make sense that a company paying a lawyer would be able to make any money by filing a suit for $325? It's going to cost them $1000s of dollars to file and litigate this claim against you. That being said, they may go ahead and file suit against you and they may prevail. You need to decide if it's worth it just to make this risk go away or if they are just blowing hot air. (Keep in mind that these guys that send the threatening letters are usually not barred in Texas (and probably not in Canada, either), so it may be helpful to remind them that about penal code prohibitions against the illegal practice of unlicensed law.) I'd talk to a Texas criminal defense attorney over the phone and get more specific advice. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. |