Legal Question in Civil Rights Law in Florida

I live in Guatemala and am a resident of the US walmart has filed a civil suit against me for shopplifting but i am not able to comunicate with them since I am out of the Country, I'm worried because I don't want to get in any more trouble if i'm not able to comunicate with them when i come back to the US will i get arrested at the airport or what is the most probable thing that will happen please let me know i'm really worried thanks.


Asked on 8/10/10, 10:33 am

1 Answer from Attorneys

Sasha Sampaio The Sampaio Law Firm, PA

A civil lawsuit is not grounds for a criminal arrest in the United States.

How do you know about the lawsuit filed by Walmart?

It sounds like you only have a civil case, for example Walmart vs. Your Name, if so, that lawsuit does not have then criminal consequences. If you have a criminal case, for example State of Florida vs. Your Name, that is a criminal matter.

Crimes can have an impact on your immigration status. It is complicated, but usually lesser crimes (such as non-felony petit theft) are not "deportable offenses" for Legal Permanent Residents. However, you should not ignore any criminal charge. Among other things, criminal matters give rise to "immigration holds". That's when people get stopped at the airport.

So, to answer your question, if you only have a civil case, you will be fine at the airport. HOWEVER, do not ignore the civil lawsuit: if you have been served, you only have 20 days to file an answer. If you do not answer, they can obtain a default judgment against you.

My advice to you is to seek professional assistance from an attorney in the county where the claim was filed. Good Luck!

My Disclaimer: This information is general, and is not legal advice tailored to your situation. This information is not intended to create an attorney-client relationship with Sasha Sampaio or The Sampaio Law Firm, PA [email protected] (Miami, Florida). An attorney-client relationship would require at minimum, direct, personal contact between you and our firm through attorney Sasha Sampaio and would also require a written agreement that confirms that a relationship and its terms have been established.

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Answered on 8/16/10, 6:17 am


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