Legal Question in Criminal Law in New York

LItigation Settlement Fee for Shoplifting

Sometime this year, I shoplifted a TV (Worth $120) from K-mart and I was caught by the security. They didn't called the police and simply told me their associate would send me a bill (Certainly they took back the TV).

The law firm that represents K-mart first sent me a bill 2 months after the incident asking for $ 250 but since I was out of town, I wasn't able to respond on time.

One month later, they sent a bill for $ 483.50 and they threaten me that if I don't pay the full amount, they would bring up a litigation case against me in court, and I would end up paying alot more. I don't understand that since they took back the TV, why do I have to pay

them $ 483.50 to settle the suit? Or should I pay?

Can you please help

Thank you very much.


Asked on 10/21/02, 11:53 am

1 Answer from Attorneys

Raymond David Marquez R. David Marquez, P.C.

Re: LItigation Settlement Fee for Shoplifting

The money your being asked to pay is probably for some alleged liqudated damage and legal fee. If they kept the TV, the money isn't for the payment of the unit, unless it was damaged. Of course, the best way to determine exactly what the payment requested by the store's attorneys is related to is to write to them and ask for an itemized bill. Be sure to indicate to them that you're not objecting to pay, but rahter, that you'd like to receive a written explanation of what your paying for. While they may threaten civil action, under NY law on theft by extortion, they may not threaten criminal action. In any event, your best bet is to retain an attorney to make the inquiry on your behalf. Of course that will mean that you'll spend more money since the attorney will charge you for representation and you may still have to pay for the settlement. However, if you do settle the case, be sure to get a release that does not admit guilt. Remember, you are charged with a crime. The costs and consquences of a criminal act may be greater than paying a few hundred dollars. To save the most money in the future, keep your hands in your pocket. Its the cheapest solution in a case like yours.

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Answered on 10/22/02, 7:34 am


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