Legal Question in Criminal Law in Florida

Hi, almost give years ago, 05/29/05, my son was caught shoplifting at a local JC Penney's store. He was sent to take classes and everything was alright, but now, a company named Palmer, Reifler & Associates, P.A. sent me a letter requesting that we pay them $200 as part of Florida's Statutes Section 772.11, a civil remedies act, or else they may consider moving forward with statutory civil damages claim. Is this a legitimate threat? It has been, after all, five years, and I have heard negative things about this lawfirm.


Asked on 5/05/10, 5:55 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

I suggest you talk to many attorneys about this because I'm sure you will get different answers from each. First of all, this is legitimate and common. This has NOTHING to do with what happened in the criminal case. What to do about it is a point of contention among many attorneys. Some will say to just ignore it and that they have never had a client actually pursued for the money. Others will tell you, why risk the additional costs when it can be done and over with for $200 (this is the statutory minimum amount). I will choose not to answer that question because as I said there are different opinions on how to proceed and I suggest you call a few and talk to them to find out what is best for your situation. I would point out, though, that the statute of limitations for this company to pursue anything is five years. In other words, if nothing is filed by 5/30/10 then they can't legally pursue anything (Of course, this could be the reason you are receiving this now because they know if they don't file now, they lose their chance.)

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Answered on 5/10/10, 6:22 pm


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