Legal Question in Criminal Law in California

I was caught by shoplifting. And i feel really guilty about it.

When i got caught, the security handcuffed me and took me to the back of the shop and made me sign 'civil demand notice' which says that i admit that i did a wrong thing, and i signed a paper that i agree to not shop at Bloomingdales for few years. and they told me that there will be a letter sent to me soon. So i got a letter, and it says i have to pay $425 for civil demand within 30 days. i searched in google and viewed many other lawyer's answers about this problem and most of them said 'just ignore it'. I am confused now. Do i have to pay this? or is there any other solutions?


Asked on 1/26/15, 12:29 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Sometimes they say you have to pay a fine. It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These letters are typically sent by the store or a law firm acting on their behalf. They are all bark and no bite. If you ignore the letter, they have to make a choice - let it go or file a small claims case against you. I have never heard of anyone actually being sued if they ignore the letter. Why don't they do anything? Because lawyers cannot get involved in small claims cases and it isn't worth the store's time to pursue a small claims case over such a minor amount. There is one law firm in Florida that does nothing but these kind of civil demand letters on behalf of stores. They were quoted in a Wall Street Journal article as sending out over one and a half million letters a year, but they filed less than 10 lawsuits. Not ten percent. Not ten thousand. Ten. The odds are overwhelming that they won't do anything. If you choose to pay their demand, it just means they won't sue you, but it will have no impact on any criminal prosecution. Paying it won't stop criminal charges from being filed and not paying it won't make a criminal case worse or cause charges to be filed if they weren't going to be in the first place.

Your research was correct. The overwhelming consensus is to ignore civil demand letters.

Read more
Answered on 1/26/15, 7:13 am


Related Questions & Answers

More Criminal Law questions and answers in California