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Walmart sends me a letter a year letter for payment?

San Diego, CA |

I have never been caught for stealing before and I don't remember stealing from walmart but yet they just sent me a letter exactly a year and 15 days later from the "incident" they said supposedly happened. They want me to pay $300! I am a college student and can't pay that. What should I do? Who do I call?

How do I know if this is a civil or law suit? Also, I was NEVER stopped by any Walmart employee or security for stealing.

Attorney Answers 7

Posted

Ignore the extortion demand.

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Posted

If they did not give you any contact information, I would contact Wal-mart's legal department. You do not have to pay this. If this is just a civil demand, they would still have to take you to court and prove their case in order to make you pay. It may be a case of mistaken identity. If do sue you, you may wish to consult with a civil defense attorney.

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Posted

You are under no legal obligation to pay Walmart's demand. Feel free to peruse our blog regarding petty theft and these demand letters.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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Posted

A civil demand letter does not create an obligation to pay unless it is follow by a civil lawsuit which almost never happens.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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1 comment

Michael Charles Doland

Michael Charles Doland

Posted

There is an old proverb: two lawyers three opinions. Respectfully, I would never contact the sender, politely or rudely. Why become a test case by attracting their attention.

Posted

Ignore it. Better still, call them and tell 'em (politely) to POUND SAND.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com

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Posted

Ignore, but hold onto, the letter. If you do not truly recall this incident, you should have an attorney look into this for you.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

A civil demand letter does not create an obligation to pay unless it is follow by a civil lawsuit. I would keep a file and see if anything else happens. If it does then you go from there. But otherwise, just keep a file.

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