Legal Question in Civil Litigation in Illinois
My daughter was caught shop-lifting a few months ago. She was 14 years old when the incident occurred. She was taken to the local police station and release later that evening. She was then asked by the police officer to complete a course on "shop lifting". She completed the course and received credit.
We now received a letter from Palmer, Reifler and Associates asking for a payment of $250 and if we fail to do so within 20 days, they will file a lawsuit which will include attorney fees and all other expenses. Should we be paying this amount.
1 Answer from Attorneys
This is a law firm located out of Illinois that does collection work nationally.
1. Whatever your daughter shop-lifted: what happened to the goods? Were they returned?
2. Illinois law specific collection laws; attorneys are exempted from the kinds of steps necessary for "regular" collectors, but unless this firm has any attorneys licensed in Illinois, it is in violation of Illinois law.
3. If this firm has an attorney licensed in Illinois, the attorney can file suit. The question is what for? If this is for the shop-lifted goods this is something you and your daughter need to deal with the store about. Just because the criminal charge was "adjusted" at the police station doesn't mean that the civil liability disappears. That's why you need to see if the store will stop the lawsuit.
4. Your daughter is the one directly liable; it's up to you to help her avoid a lawsuit that will affect her credit out of the box.
5. If the goods were worth $250 and were not returned (and the store is not obligated to accept return) and the attorney is licensed in Illinois, he is arranging for "restitution" of the value and will take his share of the collection as a fee. The store may be unable to help.
6. This lawfirm has a website. You should first verify they are licensed here and have the store's authority to collect on the store's behalf. You'll want to get a release for your daughter in exchange for payment.
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