Not Paying Civil Demand Meijer, Indiana

My question involves criminal law for the state of: Indiana

I was caught shoplifting roughly $150 worth of items at Meijer in Indiana. I am a minor, the police were called, sat in the wagon while they dropped off the adults at jail or wtv that place was, and then brought to the Juvenille center. There, they told me that they would not be charging me with anything, I wouldn't have to go to court, etc (just a warning, which was far from anything that anyone else at Meijer, or the police officer who came told me). Evidently, Meijer later called my mother and told her that because I was a minor, the civil demand was for $100 and not $200? (My mother did not go to Meijer, was just called to pick me up from Juvie). She asked the person at the Juvenille center and he said that it was not really necessary to pay. (We live below the poverty line, that's probably why he said it). Who's right?

Paying the civil demand has nothing to do with your juvenile case. There's zero chance that a clerk at the juvenile court would give your mother legal advice on an unrelated matter, but the clerk may well have pointed out that payment or nonpayment of the civil demand would have no effect on your criminal case in juvenile court.

If you and your parents don't pay the civil demand, you roll the dice and take your chances.

Some jurisdictions, don't know about your specific one, don't allow a double dip. If you pay the civil demand, the criminal justice system deems the retailer whole and does not pursue charges. It varies.

For your specific case, you're lucky the retailer is pursuing a value less than the merchandise you stole. There may be a legal precedent in your area for it, I don't know. Once your mother actually receives the civil demand papers, she should contact the company servicing it to try and arrange a payment plan if you cannot afford to pay it all at once.

If you were my kid, you'd be getting a job if old enough or mowing lawns to pay for it.

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Quoting free9man

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Some jurisdictions, don't know about your specific one, don't allow a double dip. If you pay the civil demand, the criminal justice system deems the retailer whole and does not pursue charges. It varies.

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You are correct. There are very few states that you cannot collect civil restitution if you prosecute. It must be one or the other. Indiana (OP's state) is not one of them.

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Quoting free9man

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Some jurisdictions, don't know about your specific one, don't allow a double dip. If you pay the civil demand, the criminal justice system deems the retailer whole and does not pursue charges. It varies.

For your specific case, you're lucky the retailer is pursuing a value less than the merchandise you stole. There may be a legal precedent in your area for it, I don't know. Once your mother actually receives the civil demand papers, she should contact the company servicing it to try and arrange a payment plan if you cannot afford to pay it all at once.

If you were my kid, you'd be getting a job if old enough or mowing lawns to pay for it.

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You don't think I've been looking for a job? I've had a job ever since I was 13 and every single freaking cent of it has gone to pay utilities. Now that I graduated though, I can't work at school anymore, and no one is hiring. My town is in the top 3 for highest unemployment in the country, and no one is hiring. Trust me, I've looked. Mowing lawns. That might work, if anyone close to me even had a lawn to mow. The distance I'd have to go to find lawns that need mowing, and people who can afford it, wouldn't even make up for the amount of money that I could get paid.

Also, I am unclear as to how to pay it. Was I supposed to sign some sort of sheet? Also, the invoice they gave me, says $200. Do I then pay the $100 or the $200? Was the guy at Meijer just trying to mess with me when he told my mom it was only $100? Also, can cirminal charges be brought against me? When the police were called, I was not charged with anything, just a warning. can they still press criminal charges? I was under the impression that Meijer LP deals with civil charges, not criminal (that it's up to the cops whether or not to file criminal charges), but on the letter that I just now read, it says that paying the civil demand is only a guarantee against civil charges, not criminal charges.

If the Civil Demand is not paid.....there is a chance of Meijer getting a little mad....mad enough to file those Criminal Charges.....which will REALLY ruin your job options. You won't be able to work retail, fast food, etc....

Is $100 worth the gamble?

Given that the matter has already involved the juvenile system, and the prosecutor and court chose not to proceed with charges, that's not likely.

I was never taken to court or anything. Just the juvenille center the day of and I was released after briefly speaking to them and when my guardian came to pick me up. Does that make a difference? THe person at the juvenille center told me it was a warning, no charges or anything. BUT, the meijer form seems to say differently.

The Meijer form says that the civil demand has nothing to do with any criminal charge against you, because guess what - it has nothing to do with any criminal charge against you.

So does that mean that they are free to file criminal charges regardless if I pay the civil demand or not? Also, sorry for asking all of these questions. Iappreciate your responses, though.

Yes they may still press charges. The civil demand is just that, a civil court matter. A good example:

OJ was found not guilty in criminal court.
The victims' families sued him in civil court..and won.

Technically, Meijer can't file charges against you; only the district attorney's office can. If they've already decided not to, it's not likely Meijer will force them to change their minds.

As for a civil judgement— if you're living in poverty, then you're judgement-proof; you have no assets for them to collect. If Meijer does sue you (and they may not, since that involves legal fees and court costs that they can't recover if you have no assets), you won't have to pay because you'll have nothing to pay with. If you go into bankruptcy, the judgement can be discharged. The only damage is to your credit rating, which probably isn't all that high if you're in poverty.

Keep in mind that a civil demand is not actually a lawsuit, nor is it a judgement.

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Quoting natjo

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I was released after briefly speaking to them and when my guardian.

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You said your guardian picked you up. Are you in foster care? I only ask because many states Civil demand laws exclude foster parents from having to pay the civil recovery charge.