Can Shoplifting Civil Assessments be Increased if You Don't Pay
My question involves court procedures for the state of: Florida
I have a question about civil fees that some retailers charge. I have several kiddos in a diversoin program that I run who sometimes get letter from companies claiming to represent wal-mart, dillards, target, etc) asking for $200 in a civil fee. Well the items that the youth stole, were returned, undamaged, able to be resold.
The pple want money now, and if the payment is late the amount goes up and up each time...we had a youth pay in excess of over $2000 one time cause they kept telling her the payments were not received on time.
The companies (law offices they claim) representing the business are in like orlando, utah, etc. Well, my question is IF they turely represent (lets say walmart--whose parent company is in bentonville, arkansas--) why would the law office representing them be in another state???
If my clients, who are diverson, no charges, no convictions, never found/plead guilty to the offense...do they need to pay the civil fee...especially if all items were returned, undamanged, able to be resold, and the store is asking no restitution....????
Re: Can Shoplifting Civil Assessments be Increased if You Don't Pay
Pursuant to Florida Statutes, Sec. 772.11,
Quote:
Quoting Florida Statutes, Sec. 772.11(1)
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.
Civil demands are not only about recovering the items stolen or their value -- they are also about offering the victim of the crime some amount of compensation for the costs that shoplifters impose upon them -- personnel costs, product lost to shoplifting, equipment costs, and the like. A civil demand has nothing to do with the criminal prosecution -- it's entirely independent.
You have thirty days from its initial receipt to pay the civil demand and resolve the matter. If you choose not to pay the demand within that time frame, and cause the merchant to incur legal fees to collect the money you owe, the merchant can seek to recover its attorney fees. The more work you make them perform, the more they are going to try to recover for their legal fees.
You may investigate the firms to find out about their operations in Florida and, to the extent that they might be required to do so, whether they employ or are associated with Florida counsel in relation to their efforts to recover civil demands in that state.
You're clearly not a lawyer, so why are you referring to these minors as your "clients"? Are you their therapist?