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Threatened With a Lawsuit for Failing to Pay a Civil Demand

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  • 10-27-2013, 05:02 PM
    richardm
    Threatened With a Lawsuit for Failing to Pay a Civil Demand
    My question involves criminal law for the state of: New York

    A law firm from Florida sent me a letter demanding I pay $475 or else they will take civil action against me, but the thing is, they have been sending me letters for 5 months now and they haven't even sued me civilly or damaged my credit report (my lawyer and I check my credit report at least once every week since the retail theft and nothing has ever happened to it). Their law firm hasn't even had its name or any of its history of civil law suits here in the entire New York.

    Here is how it went:
    1. They send me a civil demand letter demanding $200 in 30 days (which I didn't receive until one day AFTER the due date, strange.....)
    2. They send me another letter demanding $475 in 10 days
    3. They send me a third letter demanding $475 in 10 days or they will "definitely" sue
    4. They send me a fourth letter demanding the same $475
    (Literally 10 letters later..)
    They just suddenly stopped.

    I haven't received a letter in a month and a half so I'm just wondering what the heck is happening? My lawyer told me that their law firm was notorious for sending these demand letters and that they will not sue me. He also told me that if they were to affect my credit score they would have to sue me civilly and win in court, and if they ever did he would take aggressive action against it. My lawyer did tell me that the state statues allow for restitution payments back but it isn't necessary in this case where I stole $4 in items /edit (call me an idiot I know.)

    Any thoughts?
  • 10-27-2013, 05:20 PM
    Disagreeable
    Re: Civil Demand
    I question whether a $4 thief keeps a lawyer on retainer. That said, follow the advise of your attorney. No one here is in a position to second guess them.
  • 10-27-2013, 05:40 PM
    Dogmatique
    Re: Civil Demand
    Quote:

    Quoting richardm
    View Post
    My question involves criminal law for the state of: New York

    A law firm from Florida sent me a letter demanding I pay $475 or else they will take civil action against me, but the thing is, they have been sending me letters for 5 months now and they haven't even sued me civilly or damaged my credit report (my lawyer and I check my credit report at least once every week since the retail theft and nothing has ever happened to it). Their law firm hasn't even had its name or any of its history of civil law suits here in the entire New York.

    Here is how it went:
    1. They send me a civil demand letter demanding $200 in 30 days (which I didn't receive until one day AFTER the due date, strange.....)
    2. They send me another letter demanding $475 in 10 days
    3. They send me a third letter demanding $475 in 10 days or they will "definitely" sue
    4. They send me a fourth letter demanding the same $475
    (Literally 10 letters later..)
    They just suddenly stopped.

    I haven't received a letter in a month and a half so I'm just wondering what the heck is happening? My lawyer told me that their law firm was notorious for sending these demand letters and that they will not sue me. He also told me that if they were to affect my credit score they would have to sue me civilly and win in court, and if they ever did he would take aggressive action against it. My lawyer did tell me that the state statues allow for restitution payments back but it isn't necessary in this case where I stole $4 in items /edit (call me an idiot I know.)

    Any thoughts?



    You need a different attorney.

    1. NO attorney can guarantee that they won't sue.

    2. The vendor does NOT need to sue you in order to affect your credit score. They can start reporting delinquent payments now if they so please.

    I wonder what kind of aggressive action this lawyer intends to take, when it's you - the actual debtor - who is in the wrong.
  • 10-27-2013, 05:49 PM
    Disagreeable
    Re: Civil Demand
    I don't think there is an attorney.:cool:


    Quote:

    Quoting Dogmatique
    View Post
    You need a different attorney.

    1. NO attorney can guarantee that they won't sue.

    2. The vendor does NOT need to sue you in order to affect your credit score. They can start reporting delinquent payments now if they so please.

    I wonder what kind of aggressive action this lawyer intends to take, when it's you - the actual debtor - who is in the wrong.

  • 10-29-2013, 12:50 AM
    richardm
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    By now they would have probably collected their "debt" as a debt collector. And yes, I do indeed have a lawyer. I was just curious if anybody on this forum knew about that law firm in Florida who has been sending these demand letters to everybody.

    My lawyer showed me this: http://online.wsj.com/public/resourc...ery_Haley2.pdf

    At least I have sources to prove my story rather than constant blabbering, "You don't even have a lawyer ; this guy doesn't even have a lawyer ; get a real lawyer!"

    Get real, guys.
  • 10-29-2013, 01:44 AM
    Dogmatique
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    You obviously don't know how all of this works, do you?

    Run along with your good self. After all, we're not the ones ignoring our debts. :cool:
  • 10-29-2013, 02:41 AM
    llworking
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    Quote:

    Quoting Dogmatique
    View Post
    You obviously don't know how all of this works, do you?

    Run along with your good self. After all, we're not the ones ignoring our debts. :cool:

    A civil demand is not a debt. Its a civil demand. Its no different than anyone threatening to sue anyone else for anything that is not debt related. Its no different than someone threatening to their neighbor because a tree limb blew off in a storm and scratched their car. That is why it doesn't show up on someone's credit report...because it cannot. They would have to actually sue, and actually win, before it becomes a debt. The law doesn't say that if you shoplift you owe a "civil demand". The law says that if you shoplift, the store has the right to sue you for damages, and usually spells out what the limits are (varies by state).

    A good analogy that is understandable, is when a renter sues to get their security deposit back. IF they win, in some states they can get treble damages. However just because the renter sends out a "civil demand" for the return of the security deposit doesn't automatically make the case a winner for the renter.

    So, lets say that the OP's state allows for treble damages. What are the damages? 4.00 worth of goods that never left the store? Therefore potentially no damages at all? If they sue, and cannot prove any damages are they going to get attorney's fees?
  • 10-29-2013, 07:50 AM
    aaron
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    Richard, if you wish to participate in this forum, enough with your childish behavior. If you don't like this forum, go somewhere else. Thanks.
  • 10-29-2013, 07:51 AM
    richardm
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    Quote:

    Quoting aaron
    View Post
    Richard, if you wish to participate in this forum, enough with your childish behavior. If you don't like this forum, go somewhere else. Thanks.

    Thanks for deleting all the supporting posts. And thanks, I will. I just needed a few opinions was all.
  • 10-29-2013, 08:05 AM
    aaron
    Re: Threatened With a Lawsuit for Failing to Pay a Civil Demand
    I deleted bickering, name calling, and your childishness. You're welcome.
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