H and M Civil Demand Comes in a Year After the Case Was Dismissed
My question involves criminal law for the state of: New York
I was charged with shoplifting/petty larceny in an H&M in Manhattan in October, 2011 for items totaling about $40 (all clothes). They items were taken back, my info was taken, and the cops were called. I went to the police station, they took my prints and picture and gave me a court date. In Nov 2011, I was given an ACD in which I completed some community service hours and after 6 months of good behavior, the charge was dismissed.
Now it's November 2012, a year later, and I called my old address to see if they have any of my mail. They said yes, and when I opened up those letters, there were 3 letters from a lawfirm in Florida that represents H&M in civil court. They had sent me three letters; one in September 2012, one in October 2012, and one in Nov 2012. Each one asked me to pay $500 or else risk being sued in civil court. The deadline to pay for November had already passed too.
Should I pay up? It doesn't seem fair to me that I'd have to pay that much because they got their merchandise back, I was charged criminally, etc. Also, I read all over AVVO and other online legal advice sites that stores just do this to scare people into paying up when in reality, they won't bother taking people to civil court because that's too costly for them and not worth it. So those websites advise to just ignore the letters and eventually they'll stop. They also say that if I sent in a letter or something to negotiate the price I have to pay, they can also use that in civil court as well, so they overall advise not to do anything because I am not obligated to pay these fines. Some sites however say the opposite, and say that this can get sent to collections if I don't pay, or I can get sent to civil court.
What is the most likely scenario that will happen if I choose to not pay? Is it true that it's very unlikely for stores like H&M to even bother with civil court? Is it likely that this will get sent to collections? Thanks for all of your help!
Re: H and M Civil Demand Comes in a Year After the Case Was Dismissed
I would call and negotiate a payment plan. It can affect your credit if they decide to take your to civil court. I don't know the deal that this retailer has with this law firm, but some retailers have it written in their contract for the firm to take the subject to civil court. Remember, the law firm only makes money if they collect, so I would suspect they will take you to court.
My advice is for any debt owed. Talk to them and negotiate a deal in writing.