Legal Question in Civil Litigation in California
I received a letter from a law corporaton stating i must pay $405 for shoplifting merchandise worth $9.47. It states i must pay or the case will be taken to small claims court and a judge will make me pay. Is this correct because i was told that i dont have to pay they are just trying to scare me. Do i have to pay, or is there any way to fight it?
2 Answers from Attorneys
You didn't just steal $9.47. The reason why the law allows them to charge thieves $405 is that, because of people like you, the store has to hire detectives and install cameras and install merchandise tags at a cost of hundreds of thousands of dollars a year. The fee is intended to partially offset the cost of these measures so's the store's honest customers don't have to pay their full cost in the form of increased prices. And if you think that's so terribly unfair, take a look at your right hand and be thankful you live in the U.S. If you lived in a Muslim country, your hand would be gone by now.
�What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict, because that is likely to be what happens, even if you pay the amount demanded. Many stores prosecute AND seek civil recovery through demand letters. A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. It also includes any communication or dealings with the company agents. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. If you haven�t yet been arrested, your attorney MAY be able to negotiate an actual �civil compromise agreement� with the store that will avoid you being prosecuted.