Legal Question in Civil Litigation in Utah
Civil Restitution
I was caught shoplifting in my local Wal Mart for $26 worth of merchandise. I pleaded guilty and I am currently paying the court imposed fine. Recently, what I believe to be some kind of collection agency from back East has been calling me. They claim they work for a law firm who represents Wal Mart. They are demanding that I pay $450 restitution. They are vague about what the $450 is for. I have received nothing in writing. I don't even know for sure who I am talking to on the phone. I have nothing whatsoever to verify that I am talking to any kind of legitimate entity. I'm no genius (obviously, I shoplifted), but it seems to me they should be required to send me some kind of official legal document or at least a letter on professional letterhead indicating their demands. With so much identity theft and fraud running rampant I am not inclined to just pay these people. Do I have to pay this? What if I don't pay? Would it be worth it to me to hire an attorney or just pay the money? I'm just barley 18 years old. I just got out on my own and I don't have much money. I don't want this to ruin my credit before I have even established any. I greatly appreciate any assistance you can give me. Thank you.
1 Answer from Attorneys
Re: Civil Restitution
Some states allow a store to sue for restitution in addition to criminal fines. Statutes allow them to assign the restitution to a collections agency, The collections agency then tries to settle for as much as they can. You have the right to demand proof of the amount due in writing, and to limit their communications to writing (no more calls).