Legal Question in Criminal Law in California

i recently got a letter from frys electronics saying that i have to pay them 100 bucks even though i have already been charged in court and paid fines exceeding 300 dollars.

i called frys electronics a long time ago and offered them to let me pay for damages but they refused. now i get a letter demanding 100 dollars under penal code 490.5(c) for "damages"

can anyone help me avoid paying this fee? i have no property nor do i have any money. i live with my parents and am leaving for the navy shortly.

i want to simply ignore the letter and maintain that i owe frys nothing. i am traumatized by the way i was handled by their employees and by the fact that i was held in a tiny room in extremely tight handcuffs for four hours for no reason. also, i was handled by NON-loss-prevention employees during this time. when i say non-loss-prevention, i mean the regular store employees.

any help in this matter would be appreciated. im looking for any way to get out of this situation, and if non exists, then im looking for any way to have the upper hand if the case does move to small claims court.


Asked on 10/24/09, 7:28 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Not only were you "charged" in court, you were convicted of a crime if you paid "fines." Thus, you likely would be found liable in a small claims court for theft without having to hear much evidence.

What happened in criminal court was considered a crime against the people of the State of California -- e.g. a crime against society. A civil lawsuit is filed to redress liability to the person wronged. That is why Penal Code section 490.5(c) allows for civil penalties of between $50 and no more than $500 PLUS costs and plus the retail value of the merchandise. It appears that the $100 at this time is probably less than it would cost if the matter were actually filed in small claims court when a judgment would include costs for the filing fee and, perhaps, accrued interest.

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Answered on 10/31/09, 1:26 am


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