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What happens if I don't respond to a $250. civil litigation demand within the stated 20 days?

Asked about 3 years ago - Newtown, CT

Lawsuits

As the defendant in a shoplifting summons, I was ordered by the court to complete 10 hours of community service. A penalty I deserved for trying to steal a pair of shoes, and a penalty I feel lucky to have been imposed. As a first time offender, this scared the heck out of me and will never do it again!
I just got a letter from the store's attorney. They are asking for a $250. civil litigation action payable within 20 days. I didn't damage the shoes, nor did I remove them from the property. A copy of a CT General Statute was enclosed which basically states "a merchant can institute civil litigation against an individual who has unlawfully taken merchandise from the merchant's store, even if the merchandise has not been damaged and has been returned to the merchant". Is this something I should hire an attorney for? Call the store's attorney?
This civil litigation action looks fishy to me. My name isn't spelled correctly and the letter from the store's attorney has grammar and typing mistakes.
Thank you for your time!

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Attorney answers (3)

John M. Kaman

Reputation Level 20

Answered about 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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It has grammar and typing mistakes in it because it was written by a moron. Most states allow shoplifting victims (in other words mega corporations) to sue for civil damages in addition to the criminal procedure. The damages are not to repair or replace the property; it's supposed to be for the store's time and effort in hiring snoops to catch people like you. I always tell my clients not to pay but sometimes they end up in small claims court.

John M. Kaman

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Nicholas William Juhl

Reputation Level 10

Answered almost 3 years ago. Litigation Lawyer in Seattle, WA.

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In some states, like Washington, paying the fine and satisfying the "victim's" civil damages may allow you to petition the court for a Compromise of Misdemeanor, meaning the criminal charges will be dismissed. The store does not have to consent to this resolution, so you only need the verification that the civil penalty was paid. Speak to an attorney in your area to see if this is an option in your jurisdiction.

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Imran Farooq Vakil

Reputation Level 7

Answered almost 3 years ago. Litigation Lawyer in Newport Beach, CA.

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Often, lawyers use form letters as standard course in their litigation department. Deciding if you should answer the letter depends on your perception of 1) whether you believe the store's attorney will file a small claims action and/or 2) you believe you could overcome the criminal aspect of your past action. The fact that the letter you received contains spelling errors means that the letter was probably written by a legal secretary quickly and without review; and more than likely just for you. Just because your name wasn't properly spelled doesn't make it "fishy."

I always advise clients not to speak directly to opposing counsel. One runs the risk of making damaging and incriminating statements, which will later be used against them. Instead, it’s best that you contact a local attorney who could help better your position.

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