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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Question Can I Still Get a Civil Demand if I Paid for the Item on the Spot

    My question involves criminal law for the state of: Colorado

    I won't bother you with all of the details, but here's what I've got:

    Item value: 99 cents (sale price). Paid $1.68 at the register for it since I wasn't asked for my shopper card.

    Didn't take any pictures, sign any papers, show any id, or anything.

    But I stupidly paid for the item with my debit card, which inherently means my information is involved.

    What happened in the end:
    Manager walked up to me as I was walking out, pulled me aside, and we went back and forth over what happened as he continually asked me about the ordeal, I explained, and then he said that what I said wasn't true. So went to his office like I suggested to look at the cameras, and I was telling the truth. He didn't admit it, but whatever. He shut up about his side of the story, at least.

    He said he was calling the cops, blah blah blah, but of course he didn't. He rang up the bottle (it was a bottle of juice) and had me pay for it, which I did, and I went home.

    I'd like to think that since I paid for it and didn't sign any kind of papers, take any pictures, etc, that it's 100% over. But I can't be sure because stupid me, I paid for the item with a debit card since I brought exactly $10 for all of my purchases and was 50-something cents short without the discount (I'd budgeted the money, coupons and all, what can I say).

    He didn't ask me my name, didn't ask for id, or anything. He just got pissy with me when I told him what happened and told me he was calling the cops, so I flat out told him that he might as well stop asking me and look at the tapes if he's going to cut me off every time I tell him the ordeal. To my surprise, he did that, and saw that I was telling the truth and didn't attempt to leave the store with the intent to shoplift, and shut up and charged me. He used the words, "I'm not calling the cops. She paid for it," when another man came up to him asking what happened.

    With his affirmation that he wouldn't pursue it further, which he confirmed as he said, "you got it easy since I should have called the cops" as I left, did we enter a verbal agreement that, in exchange for me paying on the spot, he would not connive with the authorities and come back at me for this?

    My only worry now is getting a Civil Demand, which I didn't know anything about until I researched some other incidents similar to this. Can the store manager and his cohorts still send me one of these if he agreed he wasn't getting the authorities involved in exchange for me paying, and if he didn't have my name or any information other than that which is associated with the plastic card that I paid for the item with? That said, I know it's illegal to enter a contract when illegal activities are made, even if they were willingly made on his part---was it legal for him to verbally agree to relinquish his right to involve the authorities?

    I just want to know what to expect.


    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Still Get a Civil Demand if I Paid for the Item on the Spot

    a civil demand and criminal charges are two totally separate issues. Think OJ Simpson.

    It sounds like the person agreed you were not attempting to steal so I see no reason you should expect a civil demand.

  3. #3
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Can I Still Get a Civil Demand if I Paid for the Item on the Spot

    He never agreed to that. I kept explaining my side of the story, and he kept calling me a liar. Over and over and over. So I suggested, curtly I'll admit, that we look at the tapes and see who knows what really happened. I did. But he didn't stop calling me a shoplifter at that point, unfortunately. I simply didn't, "Throw the bottle on the shelf after I finished drinking it, looking around for security cameras" like he falsely accused me of once we looked at the tapes, just as I already knew.

    Also, this is my first time here and I apologize that it says "criminal law," at the top of my post. My post automatically said that and asked me to fill in the state, so I did. It's a civil matter; you're right.

    So I guess my question now is, lets assume the manager wants to hand me a civil demand. How could he get my information to do so? Could he use my City Market shopper's card that I used with my purchase to get my information? Could he call my bank and demand the information since I paid for the juice with my debit card?

    And does he still have the right to send me a civil demand if it was never part of the agreement that we made and if I never signed any kind of information or gave any information other than that associated with my debit card?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Still Get a Civil Demand if I Paid for the Item on the Spot

    the civil v. criminal:

    the situation with the store people is a civil matter. If the courts were involved, or become involved, then that part would be a criminal matter.

    And does he still have the right to send me a civil demand if it was never part of the agreement that we made and if I never signed any kind of information or gave any information other than that associated with my debit card?
    a merchant doesn't need your agreement to send you a civil demand. I would suppose he could track your info from your debit card.

    I don't think I would get to worked up about this. No guarantees but I wouldn't expect to see a civil demand.

  5. #5
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Can I Still Get a Civil Demand if I Paid for the Item on the Spot

    What I meant with the term "Agreement," was that I agreed to pay for the item on the spot ONLY because he said that I could get off easy by doing so and that the issue would be "over."

    "over" = relinquishing right to take further action, no? Granted, there's no way in hell that would stand up in court if it got that far, but it would make me feel a bit better on the inside anyway if I could get that cleared up, since I was careful with my language (attitude was a different story, I'll admit) after some law classes that I took.

    Also, in terms of civil/criminal, there is one thing I'd appreciate it if you could clear up for me: exactly what is the process for filing a civil demand? Would the store just send me a letter on their letterhead telling me to pay up or face charges, or is there an official government document that's used that they fill out and send me? I'm curious about the government's involvement without them filing charges.

    As long as its less than $250, I'll pay the civil demand if I do ever get one. That's not a problem. Whatever. I'd like to think that working in certain ways and using certain language helped me avoid that, but again, I won't pretend to know everything and having to fork over a shitton of cash if I do get a CD would suck. So I do care, and would like to know some more about the schematics.


    Thanks!

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