Legal Question in Criminal Law in Colorado

civil recovery

drank a soda in store forgot to pay. security took my info had me sign a paper..they did not give me a copy. 7 months later got a letter from attorney wanting me to pay$251 for civil recovery for a $1.29 soda! Im not going to pay. Its harrasement. My question is do you think they will bother taking me to small claims for such a small amount? I have no record over 18 and live in colorado


Asked on 4/25/08, 3:33 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: civil recovery

That depends entirely on what you signed. For example, you may have signed something confessing civil liability for taking the soda. You ought never to sign anything involved in a criminal charge, except a promise to appear in court.

A civil provision allows a store to sue for the value of goods taken, plus a $250 penalty. That would account for their demand of $251.

They may or may not pursue. You might wait and see.

Good luck.

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Answered on 4/26/08, 8:13 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: civil recovery

this is in the wrong category.

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Answered on 4/25/08, 4:59 pm


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