What happens if you do not pay a civil recovery off?
Not to excuse my behavior but I was broke because of getting wrongfully evicted and I was told I would have to pay to take my former landlord to civil court to get my deposit & damages but if she didnt pay the only recourse I would have would be to take her BACK to civil court. Is this the same situation with a civil recovery suit? If I dont have the cash they cant make me pay can they? I have NO income other than child support and dont file a tax return-so what can they do?
4 attorney answers
There is a statute on civil restitution outside of a criminal charge. You need to hire an attorney to help you. You should contact an attorney to help you navigate the legal process before you pay anything.
What they're trying to do is get civil restitution for you outside of the criminal charge . There is an Alabama statute on that. But check with a Lower Alabama criminal defense lawyer before you pay anything. We will
need a few more facts.
No attorney-client relationship exists ,this response should not be considered as advice and should not be relied upon. Make a confidential appointment to speak with counsel in person or by telephone.
I am not an AL lawyer and cannot speak to matters of AL law or procedure but in FL, where I have been a practicing criminal defense litigator for nearly 23 years I come across these civil retail theft demands frequently and, across the board, each and every time, I advise folks not to pay them.
In Florida, in order for a retailer to get the penalty, the retailer has to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more just to file, and hundreds or even thousands more to prosecute their claim.
In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is a personal, and a not a criminal defense attorney related question.
All of that said, again I am not an AL lawyer and you are best advised to find a Daphne, AL area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
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