I was caught shoplifting in Kohls store and taken to the back of the store and met wity the LP. I was charged of retail theft but my record is clean so i was put into a diversion program and had it dismissed. I've already completed the program but I have not paid the "Civil Demand". I have recieved a letter from the "Law offices of Michael Ira Asen, P.C." Stating that I have 21 days to pay a $200 civil demand. I understand my mistake, but to pay $200 is a little outrageous. The items were returned to Kohls Undamaged at the time they stopped me.
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. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced 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. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline