Legal Question in Civil Litigation in California

On 8/5/2011, my friend and I were purchasing a weed wacker at Home Depot. I opened a box and she tossed in an extra spool of plastic wire, which costs a few dollars. We paid for the weed wacker, and were detained by there security at the door. They seemed to only be concerned with whether we had priors. When they found nothing, they accepted our apology and gave us a warning and kicked us loose.

I've now received a settlement offer today from a lw firm representing Home Depot regarding a "civil damages claim against me in the amount of $350.00 to be paid in 20 days". This poses a great hardship on me. They were not put out any costs and what I am asking is, do I have a leg to stand on??


Asked on 8/22/11, 8:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your hardship is going to get a lot greater when you receive notice to appear in court on misdemeanor theft charges, which the store can and may file against you, whether you pay the demand or not.

If that happens, �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.

If you haven�t yet been arrested, your attorney may be able to negotiate a civil compromise agreement with the store that will avoid you being prosecuted.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 8/23/11, 1:08 pm


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