I got a civil demand letter from Michael Ira Asen saying i have to pay $895 within 30 days. In which they are accusing me of shoplifting.
Here's what happened: I did 4 price changes at the merchandise store i worked at. I do not know how, but according to LP they have on tape when i typed in the wrong price amount on the computer. After i confessed, they made me write a statement letter that i signed, and a promissory note. Now looking back i should have not done that, i felt pressured and was not thinking clearly. They made me feel extremely guilty for what i have done. They were also recording everything. Now, the differences between what the items actually cost and what i charged the costumers was not even near $400.
So my question is, should i pay the full amount, or what should i do
Criminal Defense Attorney
I deal with Mr. Asen often. I advise my clients not to pay this civil demand because I have never seen a store sue to collect as it is not worth their time and money. I write letters to the store or their attorneys for my clients directing the store or its lawyers not to communicate with my client and to only deal with me. This stops the store or its lawyers from contacting my clients any further.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
1 lawyer agrees
Criminal Defense Attorney
DO NOT PAY THE DEMAND. The only option the store has against you, if you don't pay the demand, is to bring an action for the amount provided by law. However, since the law does not provide for attorneys fees that action is not financially feasible for the retailer and I have NEVER seen one brought.
Your attorney may be willing to send Attorney Asen a letter telling him not to communicate with you anymore concerning this matter (I do that for my clients). The letter usually ends all collection attempts.