Legal Question in Civil Litigation in California
Does a merchant have the right to demand that you pay 4 times the value of the stolen item ($400)?
They said they sent a notice charging $100 and giving a deadline for payment. Since we never received it (we know it was never sent because same thing happened to a co-defendant), the second notice was charging the full amount.
Law office refuses to provide copy of the original letter.
What to do?
1 Answer from Attorneys
Write the law office and tell them you will not pay until:see proof that original notice actually sent to your correct address; have a copy of that original notice; cite the law and/or case decisions that enables them to seek anything above the cost of the object [nothing if object returned in saleable condition] as there is none; why they are not guilty of blackmail in stating they will bring you into court to force payment of an unjustified amount; send you a letter stating they and a representative of the merchant who has power to do so sign an agreement that they will not persue any more collection action or contact you again in return for who ever took the object never entering the store again.
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