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Shoplifting Charges After Steaing from Sears

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  • 02-07-2014, 05:51 AM
    PandorasBox
    Re: Shoplifting Charges After Steaing from Sears
    Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.
  • 02-07-2014, 06:06 AM
    JasonAe
    Re: Shoplifting Charges After Steaing from Sears
    Quote:

    Quoting PandorasBox
    View Post
    Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.

    Was the demand letter sent by a law firm hired by that store, or from the store itself as a form of restitution?
  • 02-07-2014, 07:16 AM
    Security Consultant
    Re: Shoplifting Charges After Steaing from Sears
    Quote:

    Quoting PandorasBox
    View Post
    Jason...my lawyer even told me I was required to pay it, and to bring the receipt to present to the judge in a nice manilla folder.

    PandorasBox, you have written several times saying, "my lawyer even told me I was required to pay it."

    This is a civil matter and criminal courts have no jurisdiction. You cannot be made to pay the Demand in a criminal court. I think what your attorney meant was to pay the Demand and bring proof of payment, thinking that payment would look favorably to the Court.
  • 02-07-2014, 08:59 AM
    PandorasBox
    Re: Shoplifting Charges After Steaing from Sears
    I can't remember who said it, but someone had said Michigan requires it.
  • 02-07-2014, 09:05 AM
    Security Consultant
    Re: Shoplifting Charges After Steaing from Sears
    You might want to drop that statement then.
  • 02-07-2014, 09:29 AM
    PandorasBox
    Re: Shoplifting Charges After Steaing from Sears
    It was someone on the forum who said Michigan requires it, one of the people in the biz. And the lawyer said it was a requirement, not a recommendation.
  • 02-07-2014, 09:35 AM
    Security Consultant
    Re: Shoplifting Charges After Steaing from Sears
    Hopefully that person will speak up and explain.

    I am also "in the biz" and it is not a requirement.
  • 02-07-2014, 10:42 AM
    JasonAe
    Re: Shoplifting Charges After Steaing from Sears
    And, I just want to readdress this to the OP. If the store, and/or their law firm puts this "fee" into collections, talk to a local lawyer who knows the laws and regulations about the FDCPA about filing a lawsuit against that particular store and/or law firm; you could counter-sue if they ever sued you (if they put you into collections beforehand). Allowing the retailer to win the suit can affect your credit, but without court orders, it is strictly against the FDCPA. Again, I will state, this is a direct violation of the FDCPA to threaten to put your file into collections without a court order.

    This information is not considered to be taken as legal advice, this is only general advice. Consult with a local lawyer who can give more specific legal advice that can drastically benefit your case.
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