What Happens if You Choose Not to Pay a Civil Demand After Shoplifting

My question involves criminal law for the state of: Indiana

Last month my brother and I (18 and 19 years old, respectively) were caught shoplifting at Kohl's. It is our first offense. He and I had both selected several tee-shirts (we have never been told the total value of the items, but I'd estimate it to be a bit over $100), which I then concealed in my messenger bag in the dressing room. We were not fully aware of our rights, so we complied when we were stopped by the LP manager after exiting the store. We were taken to a small room where they photographed the stolen shirts and took information from our drivers licenses. The police were called, and we were then arrested and held in prison for several hours.

In court we signed pretrial diversion agreements stating that within the next year we will each complete 24 hours of community service, not commit any more crimes, and not contact Kohl's. The agreements also required us to allow the courts to keep $320 of the bail that had been posted ($640 total).

Since then, we have received notices from an attorney representing Kohl's, demanding $100 from each of us. The notice threatens that if the attorney does not receive payment within seven days of the letter's date, "Kohl's may make further effort to enforce its rights under the law." We have called the attorney's office but they say they cannot tell us what exactly this fee is covering. Kohl's did not appear in court and has made no effort to contact us since the incident, so I'm pretty certain that this attorney has not actually performed any services to be paid for.

Obviously it would be easiest to just shut up and pay the fee but my brother and I pay rent, go to school, and only hold part-time jobs. He recently lent me a heap of money to pay a massive medical bill, and I'm in the process of paying him back so he can buy a car before the school year starts. We just don't have $200 to spare.

So what WOULD happen if we neglected to pay the fees? What are Kohl's rights that they "may" choose to enforce, and is it likely that they would enforce them?

You mean, like their right to prosecute you for the crimes you committed?

Yep, they might decide to prosecute you, which is gonna cost you both a LOT more than $200. We're now talking Court Costs and Fines; costs for either a private attorney or a public defender.....

Not to mention giving you a criminal record, and making it hard to find future employment. With a Criminal Record for retail fraud....you won't be working retail, you won't be working any job handling money or credit cards; nothing handling pharmaceuticals, nothing in law enforcement, nothing around Vulnerable populations such as hospital patients or senior citizens.....(no idea what degree you are pursuing, but if it is anything I mentioned, you may want to reconsider).

Additionally, if you do not pay the demand....you get another letter for a higher amount. After 3 letters, they may take you to Civil Court, and add in their attorney fees as well. If you still don't pay it, your credit rating takes a nasty hit.

The Civil Demand is separate from the Criminal Case. It pays for the cost of surveilling you, the LP employee wages, the managers time.....

There goes that diversion program....