Civil Demand Letter from a Law Firm

I just got this letter today from Law Firm that represents JCPenney. It says that

"Pursuant to the "damages in action on retail theft" statute, 42 Pa.C.S. § 8308, JCPenney may proceed with a civil penalty claim againts you.

You may settle this matter by making payment to us in the amount of $183.00 within twenty (20) days of the date of this letter. Upon receipt of your full payment, you will receive a written release of the civil penalty claim."

My questions are - once I pay that amount what next? Will they really release the claim and what is that mean exactly? Will I hear from them again? Will I be scheduled to appear in court? I haven't been arrested and fingerprinted - when should I expect that?

Thank you in advance!

Julie

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Quoting fromPA

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I just got this letter today from Law Firm that represents JCPenney. It says that

"Pursuant to the "damages in action on retail theft" statute, 42 Pa.C.S. § 8308, JCPenney may proceed with a civil penalty claim againts you.

You may settle this matter by making payment to us in the amount of $183.00 within twenty (20) days of the date of this letter. Upon receipt of your full payment, you will receive a written release of the civil penalty claim."

My questions are - once I pay that amount what next? Will they really release the claim and what is that mean exactly? Will I hear from them again? Will I be scheduled to appear in court? I haven't been arrested and fingerprinted - when should I expect that?

Thank you in advance!

Julie

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This is a civil claim and it has nothing to do with a criminal case that may or may not be brought against you.

If you pay the amount they are asking they will not take any further action on the civil fine.

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Quoting Happy Trails

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This is a civil claim and it has nothing to do with a criminal case that may or may not be brought against you.

If you pay the amount they are asking they will not take any further action on the civil fine.

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Thanks!

What about criminal charges? I haven't been arrested/fingerprinted, no court ticket been issued... When will that take a place? I didn't get banned from the store either...

Julie

Then your done. If you have nop court date then charges were not filed. Once you pay Civil Demand your done.

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Quoting panther10758

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Then your done. If you have nop court date then charges were not filed. Once you pay Civil Demand your done.

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Are you sure????


Julie

Nobody here can speak in certainties - only probabilities. But if there has been no police or court involvement to date, and you pay the civil demand, in all likelihood that will be the end of things.

Thank you so much!

Julie

Well, turned out that I'm not done yet... I paid my civil demand fine last month and just received a Fingerprint Order - the date sceduled in May... The type of case marked Retail Theft and Private Prosecution (Convictions) ... There is also a copy of a Private Criminal Complaint signed by LP from JCPenney where he's asking to press charges against me based on the theft of $33 worth merchandise...

I'm totally beat... :confused: What next? Jail?

I never been arrested, fingerprinted or prosecuted, and LP didn't issue a trespass to the store for me... Can all this be done now?

Thank you in advance.


Julie

On 1st offense shoplifting case its very unlikley you will get any jail time expect

. Summary probation
. Fines
. Community service
. Possible ban from JCP

And the record?


Julie

There may be a diversion program in your area, look into it. You may also be able to get your record expunged after the terms of your sentence are fulfilled, ask a lawyer.

If convicted you will then have a criminal record yes. Now that you have a charge and court date I strongly urge you to seek a criminal defense Attorney for some advice including possible diversion

Thanks!

But there is no court date... It's the Fingerprints Order... I guess they want to know if I had previous records/convinctions... But there is no court date...
Could that be set after fingerprints?

What to do to avoid the record? As I understand - Attorney and hope for Diversion Programm, correct?


Thanks,

Julie

You will most likely be getting your court date at fingerprinting or via mail very soon.

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What to do to avoid the record? As I understand - Attorney and hope for Diversion Programm, correct?

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Meet with a criminal defense Attorney and discuss this with him/her. Yes a diversion program can help you avoid having a conviction on your record

Thank you


Julie

Just an update on my case.

Thanks for all the advises. I got my fingerprints order and hired an attorney. Not sure if he was expensive or not - I paid $1000 (his fees were listed in contract $150.00/hr). Two weeks later from fingerprinting I got a letter with hearing date (in 2 weeks) . I met with my lawyer day before, he told me not to worry and plead not guilty. I was under the impression that since there will be an evidence (tape) and witness(es) it's better to plead guilty but he said - trust me, in your case if you want the record got expunged it's better to please guilty and leave rest to me. Just to remind - I had an incident at JCPenney (stole $33.00 worth costume jewelry); cops were called but no handcuffs, fingerprints, etc...

Anyway, on the day of my hearing I went to court, my lawyer and LP officer showed up too. They went and talked to judge for about 10 minutes, I don't know what about but then my lawyer took me to the judge and I got 10 hours of community service, ban from JCPenney forever and NOT GUILTY! It means there will be NO RECORD! No jail and no fines. I cried there because I just couldn't belive that it was finally over - my 6-month living nightmare! I lived most miserable life hating myself and everyone around me. Most heaviest weight been lifted off my shoulders... After I complete the community service my attorney will start to work on my arrest expunged...

My lawyer told me that even good people are making mistakes. I believe that's my case. I guess judge believed in that too. I am a med student, I have a great steady office job, I volunteer in the hospital and do "meals on wheels" for elderly... I have a perfect family and home... Thinking I could've lost all that even for short period of time just make me sick to my stomach!...

I also want to leave some message for shoplifters - although if you're here it might be already too late but if you stole something for the first time (or 2nd, or 3rd) and just checking here to see what would've happened if you didn't get away with it - DO NOT ATTEMPT TO DO IT AGAIN! Belive me - nothing you'll steal equals or worth the headache, sleepless nights, disgusting feeling inside yourself! You can't eat, you can't function normally, you can't make any family plans! Well that's of course if shoplifting is not the way you make your living...

Oh, and get an attorney ASAP if you care about your future.

Thanks everybody for prompt advise when I needed it. I won't be back. :D


Julie