Legal Question in Criminal Law in Colorado

Civil Penalty Claim?

I was charged with shoplifting over a year ago. I was given a deferred judgement, met all my requirements, etc. My sentence was vacated and charges were dismissed.

Last week, I received a letter from a law firm in Florida saying that the company that I had shoplifted from MAY choose to pursue a civil penalty claim against me (They referred to C.R.S. 13-21-107.5) and that if I make a payment to them (to a PO Box in CO)in the amount of $250 within 20 days, they will send me a written release of the civil penalty claim. If I fail to pay, they ''...will review the file for the possibility of further civil action and may choose to request pre-litigation attorney's fees.''

I did a websearch on this firm, and apparently they send these letters out to people all over the country. I have seen on a few different forums people talking about how they sent the payment in, then the firm contacted them and said they didn't receive the payment and are now asking for a larger sum of money.

I just need advice on what I should do. Is this legal or a scam? If I need to pay the money, is there any way to cover myself so that I can prove that I sent the payment and they can't ask for more money later?


Asked on 1/15/07, 10:20 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Civil Penalty Claim?

You don't have to send any money anywhere, because no claim has been filed against you. The statute they refer to does indeed provide for a penalty to be paid the owner of the property, over and above the actual value of the property. I'm guessing you already returned the property undamaged, because you were caught shoplifting. The penalty ranges from $100 to $250. The actual assessment would be up to a judge.

But as you say, for now they are saying the victim company MAY choose to sue you. Which means that, for now, they are simply blowing smoke.

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Answered on 1/16/07, 2:33 am


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