Settlement of a Shoplifting Civil Demand

[info]

My question involves court procedures for the state of: NYC

my 16 year old god daughter was recently arrested for shop lifting. Has an appearance date, the items never left the store.
last week her mom told me they got a settlement letter from the law firm representing the merchant/business. offering to settle out of court for an amount tripled the cost of the items. it further stated that failing to agree to the settlement would result in a civil suit against my god daughter. does she have to pay? what can they do about this situation? thanks in advance. hopefully this is the right forum

[budwad]

They can pay the civil demand and hire an attorney to represent her in the criminal proceedings. If they don't pay the demand, as the letter says, she will be sued in civil court and she will have to pay not only the triple amount but also an attorney and fees.

[llworking]

They can pay the civil demand and hire an attorney to represent her in the criminal proceedings. If they don't pay the demand, as the letter says, she will be sued in civil court and she will have to pay not only the triple amount but also an attorney and fees.

Its more of a she "may" be sued in civil court rather than she "will" be sued in civil court.

[DeputyDog]

My question involves court procedures for the state of: NYC

my 16 year old god daughter was recently arrested for shop lifting. Has an appearance date, the items never left the store.
last week her mom told me they got a settlement letter from the law firm representing the merchant/business. offering to settle out of court for an amount tripled the cost of the items. it further stated that failing to agree to the settlement would result in a civil suit against my god daughter. does she have to pay? what can they do about this situation? thanks in advance. hopefully this is the right forum

That the items never left the store is completely irrelevant, so you can leave that detail out. If she committed the offense of theft, she committed theft.

Under the law she owes the money; pay it or be sued. There is civil liability for shoplifting just as there is civil liability for hitting someone with your car - only the big difference is, when you hit someone with your car, the amount you owe can be in dispute; with shoplifting, in most states, the amount is written into the law and is not up for debate. Since you don't really dispute that she did it, other than your detail about the items "technically" never leaving the store, I'm not sure why you are trying to get out of you or her mother taking responsibility for her crime.