Legal Question in Criminal Law in Georgia
i was charged with shoplifting on 12/29/2009. I went to court & got an offer to just do 40 hours community service, that I accepted. Today I received a letter from walmart( where I was caught shoplifting only $38.00) stating a settlement offer for me to pay walmart $150 for damages. It says if I dont pay it within 30 days they will pursue further civil action. Should I pay the $150 to Walmart? What will happen if I dont pay the money?
2 Answers from Attorneys
If you stole something from Wal-Mart and have not paid them back, the obvious solution is to pay them. One would think that someone in your position would want to avoid further legal action of any kind, over $150.
Your sentence of 40 hours of community service was for the criminal charge of shoplifting. Walmart is coming after you for the civil penalty. These are two completely different areas of law. Section 51-10-6 allows Walmart to sue you for $150 plus court costs for civil theft. If Walmart actually files suit, they will likely win and get a judgment against you. However, you can take your chances as to whether Walmart will actually file suit. In my experience they often won't waste their time and money filing suit on a claim this small.
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