Received a civil recovery letter few days before. The lp officer asked me to sign Notice Of Intended Legal Action in walmart.
The civil recovery letter says without prejudice what does it mean? In the civil recovery letter they have mention tht If the amt is not paid, I (attorney) may receive specific instruction to arrange for a law firm in your jurisdiction o commence legal proceeding against you before civil court. For all damages, plus interest, legal expenses, & other administrative cost incurred by the Retailer in connection with this matter. Does this mean I will have to pay both my & their attorney TOO??
4 attorney answers
The letter is simply a "pretty please pay me" document. If you wish to pay, go ahead. If you do not, they can sue you, but the cost of litigation will be theirs and probably exceed the amount sought.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
While no one can swear that there is no how, no way you can be pursued in civil court on a civil demand letter, you probably have better odds of winning the lottery two nights in a row.
I advise my clients not to pay the civil demand because I have never seen a store sue to collect. I write a letter to the store or it's lawyer directing them not to contact my client and that ends the matter. Expect to receive calls and letters from lawyer Michael Ira Asen. ... he has the Walmart account.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Do not act on the demand letter. The attorney who sent it usually will not litigate because it is not worth their time. Also the amount they ask for in these letters should be considered extortion.