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  1. #1
    Join Date
    Jul 2006
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    9

    Default Civil demand in Michigan

    My 13 yr. old daughter was caught shop lifting from a kmart store in michigan. the lp took her back in the office took her info and the merchandise.
    I recieved a civil demand for $200.00. I called the lp deparment and he said they did not press charges and they recoverd the merchandise so he thinks me getting demand is a mistake.I then called law office that sent letter and they said no mistake. I told them my daughter was paying this on her own and she had 150.00 could they take that and bill her again for the rest of payment. I thought the women said yes. I paid 150.00 over the phone. 1 1/2 months later I got another letter I thought would be for the last 50.00. It is not it is for another 325.00 I called law office they said they never send out bill reminders and that was not what was said to me. That is what I thought the agreement was. They say they are requesting more for legal fee because I did not pay the last 50.00 by the orignal 30 day dead line. when i called the first itme I know the lady said as long as i pay most now that the 30 day dead line did not matter. I dont feel that I should have to pay this amout and would like to get some advice on matter. thanks

  2. #2
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    Default Re: Civil demand in Michigan

    One approach: Tell them that they have the $150, you'll settle the matter for another $50 (get it confirmed in writing this time), and if they don't like that they can sue you.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Civil demand in Michigan

    You can always try Mr. Knowitall's approach but be prepared for the suit that follows. You have no bargaining power here. They are in a no lose situation here. They have attorneys on hand to do this type of procedure and they are in the right. If they should lose, they write it off. Should they win, it cost you much more than the $325

    Your statement says it all:
    That is what I thought the agreement was

    Either you were mistaken or they are not going to live up to their end of the verbal agreement. With no proof on your side and the law on their side, they more than probably will prevail in court along with any additioanl charges as a result of the need to sue for the balance to be added on.


    As MR. K posted, you can always try but whatever the outcome, get it in writing.

  4. #4
    Join Date
    May 2006
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    USA
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    663

    Default Re: Civil demand in Michigan

    If you feel comfortable pay it off now and have your daugther get some type of job (baby sitting) to pay you back. That might her learn a lesson.

  5. #5
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    Default Re: Civil demand in Michigan

    JK, sure, the bargaining power is small. But so is the claim, and they know that a judge may well enforce the original $200 bargain. Besides, when playing chicken, you can always be the first one to swerve off the road - if they say "no", she can still pay the new demand to resolve the matter.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Civil demand in Michigan

    Quote Quoting Mr. Knowitall
    JK, sure, the bargaining power is small. But so is the claim, and they know that a judge may well enforce the original $200 bargain. Besides, when playing chicken, you can always be the first one to swerve off the road - if they say "no", she can still pay the new demand to resolve the matter.
    Well actually all she has to pay is the $200 (total) in cash as long as she pays it before the trial starts. (second mistake for me today)

    If the action gets to court, the judge would most likely award the remainder of the $200 and the associated fees. It would seem that Mi law does allow her to pay only the remainder of the $200 until that point. The most they can demand is the $200 and since you already paid $150, you owe the $50.
    So what you need to do is pay the folks in cash ($50) before any trial starts. If you wait until you get to court, it is too late.

    But wait, there is more:

    (8) A merchant may recover the amount for which a person is civilly liable under this section only if a formal police report is filed with a local law enforcement agency that has jurisdiction over the location where the violation took place, which report sets forth facts alleging that the person has committed retail fraud in the first, second, or third degree or violated a local ordinance substantially corresponding to section 218, 356, 356c, or 356d of the Michigan penal code, 1931 PA 328, MCL 750.218, 750.356, 750.356c, and 750.356d, regardless of the outcome of any criminal action.

    Did they file such report?

    Here is the full text involved:
    http://www.legislature.mi.gov/(mmwl2...e=mcl-600-2953

  7. #7
    Join Date
    Jul 2006
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    9

    Default Re: Civil demand in Michigan

    No they did not file a report. I called the police station for the city the kmart was in and they confirmed that no police report was filled but, they said that kmart can file at anytime. Which is why I paid it in the first place. I was worried that if I did not they would file. My daughter has learned her leson the hard way I dont think she will ever do any thing like that agian. I would hate for her to have it on her record.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Civil demand in Michigan

    A civil demand is a far cry from a summons. Why is it that you don't think the judge would be receptive to arguments of a bargain, made by a representative with apparent authority, and partially performed by the defendant - particularly in a case the judge will likely view as a waste of his time, in the context of a civil demand amount that was arbitrarily set to begin with even before being arbitrarily raised. Unless your judges are bought-and-paid-for by the creditor's bar, they're probably not too different from the ones 'round these parts, and I've seen judges give companies the big slap-down for overreaching conduct even when they're technically acting inside of the law.

  9. #9
    Join Date
    Jul 2006
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    9

    Default Re: Civil demand in Michigan

    One more ? What does the statement in cash mean. The law office is out of state can I send them a check or pay by credit card over the phone??

  10. #10
    Join Date
    Jun 2006
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    Practicing in Los Angeles, California
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    411

    Default Re: Civil demand in Michigan

    Quote Quoting sparkle4
    One more ? What does the statement in cash mean. The law office is out of state can I send them a check or pay by credit card over the phone??

    My response:

    How about buying a Cashier's Check, or American Express cheques from your bank, and sending one of those? Safe, secure, and traceable.

    IAAL

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