Civil Demand, Six Months After Getting Caught Shoplifting

My question involves criminal law for the state of: North Carolina

Roughly 6 months ago, I was caught shoplifting at Walmart and charged with misdemeanor larceny. Did my community service and hired a lawyer and the case was dismissed in December of 2013. I'm in the process of getting the entire thing expunged. I just got a phone call today from some law office. They left a voicemail that gave a reference number so I googled the number and came across this recoverypay website and a place where you can put in that reference number and pull up a civil demand letter. It's an entire website dedicated to paying civil demands and collection agencies stuff, apparently. I sent a copy of the letter to my lawyer and am awaiting a response but I can't sit idly by when I know there's this place too where I could post up my situation.

The criminal case is closed and dismissed. Walmart's LP signed a letter stating that restitution was paid and Walmart was satisfied (it was like 7 dollars, the cost of the merchandise that had been damaged and could not be sold). Why am I getting a civil demand some 6 months later? For the cost of $150 which to my understanding is the minimum they have to charge.

If you were in my position, what would you do? Ignore it? Pay it? What happens if I ignore it? Does it go on my credit report as an unpaid debt?

Thanks!

If your attorney hasn't already explained Walmart's civil remedies for the theft as afforded by North Carolina law, then you would do well to read the statute:

NORTH CAROLINA STATUTES AND CODES § 1-538.2. Civil liability for larceny, shoplifting, . . .

Yes, I have read the statute. I read it 6 months ago when all of this happened. I know legally they can do this HOWEVER I found it odd that it was 6 months later. As well as the fact that I have a signed letter from the LP who caught me that states:

Please take notice that Walmart Inc is the prosecuting witness/victim in the above captioned matter involving the theft of merchandise. The defendants have made full restitution to wal-mart for it's loss. Walmart is fully satisfied and does not desire to prosecute the cases any further. We request the district attorney to dismiss these charges.

Dated 10/22/13

Now, my friend's lawyer just called her back about it cause I brought it to her attention and he told her to disregard it because no lawyer is going to take you to court over 150 dollars and it can't hurt your credit without a judgement being awarded and again, no lawyer is going to take you to court over 150 dollars. Still would like to hear what my lawyer says.

Civil is different than criminal.

The DA does not prosecute civil cases.

I know that (and yes I realize that the letter was in reference to criminal charges), however, since it said full restitution was paid and walmart was satisfied, why would I still get a civil demand for more money 6 months later. That's what had me all confused and wtf.

It's a matter of debate here too.

My attorney instructed me to pay it and present the receipt to the judge.

We've heard the store will just forget it. We've heard they will send another notice for a lot more money. We've heard they will sue you in court and add in attorney fees and if you still don't pay, screw your credit rating...

Ask your lawyer. Decide if $150 is worth the risk or not...

My lawyer says:

They can sue you even though your case is dismissed. You would receive credit for the restitution already paid but that is all. it might be easier to see if you can get credit for the restitution already paid and send them the balance.

You'd think for the $$ I paid him, he'd be able to say yes I'd pay it or no I'd ignore it. Heh. Not at all helpful.

The letter itself was dated March 7th, so I should be getting a letter in the mail. I think I will wait until I actually get something in the mail before I do anything. Otherwise who is to say that I was able to acknowledge it at all? If I didn't google the number and poke around, I wouldn't have found the letter in the first place. I mean I'll pay it...150 is a drop in the bucket in the long run. I just hate that 6 months later when I thought I was done with expenses over that mistake, it rears it's head again.

I do want to be allowed into walmart again and I worry that ignoring the demand will be detrimental to that too. heh. I got invited to a focus group jury thing this month that will be me 125...so that's lucky I guess.

To be allowed back into Walmart....I'd pay the Civil Demand and be done with it. Wait 6 more months, then write a letter to the Corporate Office, attn Loss Prevention Department, apologize, ask permission to shop there again, and wait for permission in writing. And know this - even when you get the permission, a lot of stores have Facial Recognition software, so your every move will be followed. Get a shopping cart, don't wear a hoodie, keep your hands out of your pockets/purse....

Quote:

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Quoting janedoeroberts

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What happens if I ignore it? Does it go on my credit report as an unpaid debt?

Thanks!

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If you ignore it they can sue and be awarded a judgement - then the judgement is reported to the credit agencies. So yes it can affect your credit.