It says I can pay in 21 days or make a payment schedule but this letter was sent a month ago and I still havent paid it so they sent another letter saying failure to pay this amount may cause Marshalls to make further effort to enforce its rights under the law... can someone give advice please.
Are you sure this is a legitimate debt and legitimate debt collector? A bona fide collection agency is going to work with you on a payment plan, not threaten to send out a "marshall."
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
If you DO owe that amount and you have other debts maybe it's time to get a consult with a personal bankruptcy attorney?
This answer is provided for general information purpose only. It must not be construed to be considered a formal legal advice and does not form an attorney-client relationship.
This sounds like a demand for you to resolve a CIVIL Conversion claim. That is, it sounds like Marshall's believes you stole something from one of its stores. They are saying that, under Indiana law, they could sue you in civil court for three times the value of the stolen merchandise, plus their attorney fees and costs.
If you do not pay, they can do one of four things: (1) file a lawsuit in civil court to collect the money, (2) report the incident to the police and pursue criminal charges for shoplifting, (3) do nothing and let it go, or (4) report it to the police AND file for civil conversion.
On the other hand, if you pay, Marshall's can still report it to the police.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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