Legal Question in Credit and Debt Law in California

There is no Civil Code section 490.5. You're referring to Penal Code section 490.5 Anyways, when you were being prosecuted for shoplifting, the amount of loss to the victim was alleged by the DA. If you did not pay restitution as part of your probation or sentence, that's the only amount the store can go after you in a civil action (plus attorney�s fees, collection fees, etc.). They cannot just make up an amount. However, section 490.5(c) does state that it is "in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies." That could be the reason why the amount they're seeking against you may seem too high. You should read the complaint thoroughly to see how they computed the damages they're seeking against you or if they're adding on other civil remedies allowed by law. If the amount still seems excessive or unwarranted, you would have to object to the excessive amount in your answer to the lawsuit in court.

Larry L. Doan, Esq.

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