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Security Consultant: Let's say this was your case. $425 CD unpaid...
What exactly would you do? How many notices would you send? Would the amounts increase, as we've read? When exactly would you file the Civil Court case? Would you be able to add your filing fees, as we've read?
Thanks. It'd be great insite coming from a person who has been there/done it instead of just internet research.
Many states require you send x amount of letters over a period of time. Some allow for increased amounts when CDs are ignored. The whole process is regulated my individual state law.
In my own circumstance the letter was given to the shoplifter at the time of the offense. In the case of juveniles, there were never released on their own. They either went with their parent(s), a legal guardian, or a responsible adult that was willing to sign for them or then went with the police.
I never allowed CD to be collected at store level. After 30 days the first followup letter went out. If no response within 10 days a second letter went out. If no response, a third and final letter went out (return mail receipt) and after 15 days of no response a civil suit was filed with the court where the offense took place. All that was needed was proof of attempted service.
The cost then for filing a suit was $5.00 and my staff never had to leave the office to do it. If the suit had not been satisfied by the time of the appearance date one of my staff members would appear in court on behalf of the company. The vast majority of time time the offender never appeared and we were granted a judgement by the court.
If the suit was satisfied by the appearance date we notified the court and the lawsuit was dismissed. It was a very simple, unencumbered process. I never used an outside agency to collect CD as many posters has reported. It is a very simple process and you don't need an attorneys involvement.
The money collected went directly into the Loss Prevention department's budget. It went to pay for salaries, equipment and the costs involved in apprehending the people who were always trying to steal your product.
Thank you.
One more question: If you get a judgment and it's not paid, you just go ahead and throw the blemish on credit, or can a lien be placed?
I never had to report a judgement to a credit agency. Once a judgement is issued by the court the credit agencies automatically pick it up. I can't remember the number of people who called and wanted to pay to get the judgement removed from their credit report.
A lien can be placed, but it is often more trouble than it's worth.
Thanks again, great info!
You're welcome.