Letter of Civil Demand Received From K-mart

[fishalot]

I got a sooner than expected surprise today . I letter from a law firm representing K-mat. This incident, as they say, on happened 10 days ago. I have twenty days to pay $350. Why and how can they ask for this even before I get to court for my to face the charge made against me. Also how do they base asking for this much even though they recieved the merchandise back?

[PaulE]

If you've never worked in retail for any length of time you wouldn't understand how it used to be. For a long time stores would have to take it in the shorts for theft losses, damages and time spent for recovery of shoplifting. Those losses were passed along to the customer and even the employee's when they didn't get more benefits or raises. A law was passed that allows retailers to fine a shoplifter in civil court for the recovery of that lost income. It varies as to how it's figured out how much it will cost you but the bottom line is, you wanted to dance, now you pay the fiddler.

[fishalot]

Innocent until proven guilty, right. They, the retailer, should have to wait until after your court date -when the judge or jury passes judgement right ?

[PaulE]

I know you wish it were so, but the law covering civil demand says no. They are already in the hole as far as time and money spent taking you to court, the LP's time to do the observation of you stealing, the video tape, process paperwork. The law says...pay up, sorry.

[aaron]

You do have the option of getting your day in court over a civil demand - but it's a civil matter, not a criminal matter, so that means defending yourself in a separate civil lawsuit. See Section 490.5 of the California Penal Code.

[fishalot]

Thankyou for clearing that up for me. How do they base the amount the charge /want in the civil demand ? Is the $ 350 based on the value of what was taken?

[Happy Trails]

Thankyou for clearing that up for me. How do they base the amount the charge /want in the civil demand ? Is the $ 350 based on the value of what was taken?

If you clicked on Aaron's link and scrolled down to the 490.5 statute, section "c" - it states:

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs.

The fine is based on the cost they incurred by having to apprehend you and process you, also having a lawyer write up the civil demand letter. (They could have gone as high as $500, plus costs.)

[fishalot]

If the criminal charges in court are dismissed can I have the civil demand dismissed as well ?

[seniorjudge]

Q: If the criminal charges in court are dismissed can I have the civil demand dismissed as well ?

A: Not necessarily. Do the name O. J. Simpson ring a bell?

[fishalot]

AW- OJ- I hope all who read my posts see what I am going threw so far .As of today my family and I have spent $1000 for bail, $2500 for a attorney and $153 for a 1 hour session with a therapist with many more to go and now another $350 to K-mart .