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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Not Paying Civil Restitution

    My question involves criminal law for the state of: Colorado

    I posted a thread in consumer law before i found this section so excuse the double post.

    My questions are... What happens if civil restitution isn't paid? If charges are pressed, what court would they be in? If it's civil court, what are the repercussions of not appearing in civil court?

    Thanks =)

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,518

    Default Re: Not Paying Civil Restitution

    If you don't pay it:
    (1) If the police were not involved before, the store may press criminal charges against you. If the police were involved, it looks better for you in court to show that the restitution has been paid.

    (2) If you don't pay the civil restitution, the store will likely sue you in court. You are then responsible for not only the civil restitution....but all the court costs, including the stores legal fees. Say your Civil Restitution is $200. Adding in all the expenses related to taking you to court....it could easily turn into $2000+.

    (3) It will also affect your credit history.

    For your second question, if you did not appear in the Civil Court after the store sues you:

    (1) Default judgment to the Plaintiff (Kohl's). Yes, you are now responsible for the Civil Restitution AND the legal fees.
    (2) I believe also a warrant is issued for your arrest, for failure to appear in court.
    (3) And yes, your credit history is totally screwed.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Not Paying Civil Restitution

    You don't get arrested for defaulting on a civil suit.

    The likelihood of being sued for not paying a civil demand varies both by state and by retailer. Some retailers doggedly pursue every remedy they can against shoplifters, while on the other extreme some retailers rarely sue over unpaid civil demands. As "Dirty Harry" says, sometimes you have to ask yourself, "Do you feel lucky?" (Not so much if the store follows his philosophy of justice. )

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