Skip to main content

What happens if I get a restitution note from Walmart here in New York,and I'm not able to pay due to no job?

Valley Stream, NY |

I whole-heartedly regret my mistakes and my first offense with the company. I've bern with them for 8 years and truely enjoyed working and being able to help my fellow co-workers. Over the years it has built up to a $1200 dollar cost inwhich I must pay back with a set amount of $100 for 12 months. I figured if I could keep the job I could pay it off and be done with it and to never go through that again,but I was fired last friday and now i'm stuck because I have no job to pay my restitition and i'm on the brink of being evicted in about 3 weeks,and what's worse is i'm diabetic. So not only I've lost steady income,but I could also lose my life because without any source of income I can not properly eat and drink the way i'm suppose to. This is the worst decision of my life.

Attorney Answers 3

Posted

Don't pay it. Civil demands are rarely enforced or pursued. They will send a 2nd letter and when you ignore that, they stop.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

Even if I agree to paying it while unknowingly I would lose my job? As you can see this is my first offense with the company ever.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Doesn't matter what you agreed to at their office. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

We're you ever arrested for this? Did you have to go to court? We're you ordered by a judge to pay restitution? If yes then speak to your attorney that handled the criminal case about this. If not and thisis a civil demand letter from Walmart I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, prove damages (which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

No I was never arrested,and they didn't call the police. They sent two Asset protection managers to talk with me and discuss obviously my poor decisions,and then after that my overnight manager came in the office to finalize a few things before I'm ultimately fired. Walmart has 3 steps before you can get fired: 1. A verbal coaching 2. A written coaching explaining why you to continue working and what changes can an associate make and 3. A D-Day coaching which is the final time to correct your issues and then ofcourse termination. I've only gotten 2 coaching mainly for attendance which is very fixable. So they by pass the D-Day coaching and I end up being fired. I really wish I didnt make those poor choices,because I really enjoyed working for them for the entire 8 years.

Benjamin J Lieberman

Benjamin J Lieberman

Posted

I don't think they will ever pursue the matter

Posted

How is it that you came into the agreement to make payments to Walmart? If it was through criminal court (probation or conditional discharge) then it your situation is a little more tricky. If it's some type of civil demand or agreement that you made with Walmart, then just don't pay it; let them sue you (you can't go to jail for that).

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Oh no I never went to court or they never assigned me to go. They had the restitution paper present and had me sign it and then the two asset managers who was talking with me,signed it themselves. You say let them sue me? Isn't that something I should avoid? Because I really have the mind frame that anything could happen. Mind you,this is my first offense ever! With this company And I mean EVER! *chuckles* So this is really new to me.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics