The item that was stolen was lets say a timer that was $15 that timer was switched out with a similar timer box that was about $12 then paid for at check out zone then on the way out i was stopped at the door and this want to be cop who escorted me to this back room where i was forced to sign a paper and i got my picture taken and they said that it would be on walmarts record but it wouldn't go on my record no police were called. 5 days later i got this civil claims letter saying i need to pay $250 and i have 30 days to pay it. Remember when i tried to save $3 by switching the boxes. Well when i was aloud to leave the little room i was escorted by a manager to the customer service area where i returned the little box and i paid for the big one and i have the receipt to it. Dam wannabe cop
Criminal Defense Attorney
There is a law in most states, including Wisconsin, which allows for civil action collection when there is a retail theft. Most people choose to ignore the demand. They get a few more letters, each time asking for more, and then they stop. While the retailer can sue you, I have never heard of anyone actually getting sued. You do not owe any money unless you are sued and the retailer wins. This is a common ploy. Do not pay. If you do, you will be in a database which could affect your ability to get a job and could impact your life in other ways. If you are uncomfortable, have your lawyer write a letter. That should be the end of it.
(copied from Illinois Atty. Judy A Goldstein’s post but it is my opinion as well) http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html
See also: http://addbalance.com/civildemand.htm
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
Criminal Defense Attorney
You are under no obligation to pay the civil demand letter. Whether you pay it or not, it has no effect on the prosecutor's office that may or may not prosecute you in District Court in your county. I advise my clients not to pay it. BUT, if you are sued, served with legal service of process you must respond; if you receive a criminal summons to appear at criminal court, you must appear. Get counsel if you have any questions/concerns.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
1 lawyer agrees