Legal Question in Civil Litigation in California

re: potential civil action for petty theft in CA

My girlfriend took a pair of pants back to wal-mart to exchange them for a smaller size. The customer service line was 15 people long, so she went in, and exchanged the pants herself. We then shopped for the rest of our shopping list, checked out, and upon leaving the store were detained by store security. They said her unauthorized exchange was shoplifting and wrote her up. We received a lawyers letter requesting $225 dollars to resolve a civil shoplifting incident. (no police were called at the time, no fingerprints given, etc.) They are asking for civil damages or penalties, and threatening that if we don't pay the settlement fee, they'll take a civil action against us. My question is what is the extent of our legal risk? What does civil action mean (small claims court?). How likely are we to owe their lawyer fee's? And does civil action create some kind of ''record''. We're inclined not to pay, it feels like extortion. But don't want to be stupidly risky.


Asked on 6/02/09, 1:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: re: potential civil action for petty theft in CA

Don't pay. Pay a lawyer to write them a letter telling them to go pound sand and threatening a countersuit for false imprisonment. If you knuckle under you'll be in a central database of thieves and you could even be prosecuted.

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Answered on 6/02/09, 1:42 pm


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