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  1. #1
    Join Date
    Jun 2010
    Posts
    3

    Default If I Pay Civil Demand Will I Be Charged Even if No Police Were Called

    My question involves criminal law for the state of: Georgia.

    I was caught shoplifting at a clothing shop operated by Urban Outfitter, Inc. Total merchandise value is $68. Adult, first offense and what a dumb loss of mind. Store manager brought me to the back room, cleared my handbag, got my driver's license + social no., had all info down on their file, and had me sign a "No Trespass" agreement banning me to enter any of their stores in the country for next few years. Then she issued a "Civil Demand Customer Notice" to me, which states their coporate attorney will send me a letter to claim the amount of monetary damages (ie value of merchandise, cost of security, and any other lawful restitution), with their law office contact number on it. They didn't call the police but called store security officers to escort me out of the premise. My question is will I be charged? Will I have to go to the court (city, county, or state?)? And will I go to jail for this? I am very worried and scared, let alone remorseful.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    They have all my personal ID info, social security no., address, etc - does the company have the right to send the police knocking on my door in the future and arrest me?
    They certainly do, for a year, whether you pay the Civil Demand or not.

    If you pay the Civil Demand, it's unlikely they will press criminal charges.

    If you don't pay the Civil Demand, expect to be sued for the amount of the demand, plus court costs, AND expect those criminal charges to be filed.

  3. #3
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    Thank you for comment. Let me make it clear - I have not yet received the Civil Demand notice, but I plan to pay whatever amount in monetary damages they will ask for. Even with this in mind, should I get a lawyer?

    Just talked to a lawyer over the phone ("free consultation") but lawyer's opinion is if I pay whatever amount the company asks for, the company can use my payment as "admitting guilty" and press a charge against me later. Lawyer suggests to settle with the company to pay a different/less amount, plea not guilty, and demand clear of any record. Here's where I feel contradicted - isn't it once a legal process starts (both parties' lawyers sit down to negotiate) the company will have more costs to bear and thus they will up the price? Also, the lawyer quotes$1500 attorney fee for representation. Is this a "standard price"?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    Remember those papers you signed?

    You already admitted the theft.

    I wouldn't quibble with the civil demand....

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    Lawyer suggests to settle with the company to pay a different/less amount, plea not guilty, and demand clear of any record.
    Firstly, you already admitted to your guilt when you signed the No Trespassing agreement.

    Secondly, there is no "plead not guilty" to a Civil Demand. It's not a court proceeding, there's nothing to plead to, and the only record will be the store's record of issuing the demand, and whether you pay for it. They may also enter your name into a national shoplifter's database. You have no standing to demand that they don't.

    Also, the lawyer quotes$1500 attorney fee for representation.
    Representation for what? You don't have any charges filed against you at the moment, there's nothing to represent you for.

    Just pay the Civil Demand when it arrives, abide by the No Trespassing agreement, and don't steal any more. Easy peasy.

  6. #6
    Join Date
    Jun 2010
    Posts
    3

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    Thank you for comments. I will certainly pay for the Civil Demand, but from the forum threads it can take from days to months for the Civil Demand mail to arrive and I can never sleep before that. How can I know if or if not the company reported this incident to the police after I left the store? Should I proactively approach the company law office (as listed on civil demand customer notice) to inquire?

    If the company chooses not to report me to the police and charge me (yet) before the Civil Demand and I pay the demand, is there any way for me to know if they will still consider and take action to file a criminal report/charge even after they receive the payment?

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    We are not psychic. We can't tell you if the police were notified after you left or not.

    Just pay the Civil Demand.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pay Civil Demand but Will I Be Charged Even if No Police Were Called on the Spot

    I will certainly pay for the Civil Demand, but from the forum threads it can take from days to months for the Civil Demand mail to arrive and I can never sleep before that.
    By some Unisom.

    How can I know if or if not the company reported this incident to the police after I left the store?
    You'll know if you get a summons to court. As I've already explained, if you pay the Civil Demand, it is unlikely that criminal charges will be filed.

    Should I proactively approach the company law office (as listed on civil demand customer notice) to inquire?
    No. Just pay the demand, and leave it alone.

    If the company chooses not to report me to the police and charge me (yet) before the Civil Demand and I pay the demand, is there any way for me to know if they will still consider and take action to file a criminal report/charge even after they receive the payment?
    My crystal ball is broken. Maybe you can try here.

    Actions have consequences, you're now feeling the consequences of getting caught thieving. Bet you won't do THAT again.

  9. #9
    Join Date
    Jun 2010
    Posts
    3

    Default Re: If I Pay Civil Demand Will I Be Charged Even if No Police Were Called

    Hey, I have a similar experience. I got caught at urban outfitters in DC about a week ago. The sales person took my information (name, phone #, address, and SSN) and I signed a form. She gave me a copy of civil demand notice, saying that their attorney will contact me. She didn't call the police, but she was very mean to me. The total merchandise value was $75. Have you got your letter yet? I decided to pay for it immediately. I am also worried what if they decide to move forward to file a lawsuit after I pay the fine.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If I Pay Civil Demand Will I Be Charged Even if No Police Were Called

    You kept a copy of the civil demand and proof of payment - or at least proof of payment, right? (Canceled check, money order receipt, etc.) In the unlikely event that they were to file a civil clam, proof of payment should be enough to resolve the matter.

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