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  1. #1
    Join Date
    Jul 2005
    Location
    california
    Posts
    29

    Default California Shoplifting Nightmare Please Help

    :cry:

    ( I am 21 yrs old, State of California , No prior criminal record)

    Hello.
    About 2 1/2 weeks ago i was caught shoplifting about $12 worth of make up from wal-mart. I was taken to a room and returned the merchandise. They got my information and I had to sign a paper saying if i return to walmart it would be tresspassing. I was told that i will recieve a letter in the mail requesting no less than $50 and no more than $500. They told me that if i didnt pay, a warrant would be issued for my arrest. The police were not involved, i was not handcuffed or fingerprinted, however the store did take my picture i think for their own record. I was dealing with the stores loss prevention for about 15 min, Then i was released. I am so ashamed of what i did and i am very scared about what could happen. My question is if anyone has been in the same position or if anyone has a good idea of what may happen. Please help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Shoplifting from Walmart

    If they don't file a police report, and you pay their requested civil penalty to settle the civil side of the case, that will probably end it.

  3. #3
    Join Date
    Jul 2005
    Location
    california
    Posts
    29

    Default Re: Shoplifting from Walmart

    Quote Quoting aaron
    If they don't file a police report, and you pay their requested civil penalty to settle the civil side of the case, that will probably end it.
    :?

    Thanks for your reply. By any chance do you know what the likelyhood of them filing a police report would be? There were no police involved when this happened.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Shoplifting from Walmart

    Quote Quoting Jeanine05
    By any chance do you know what the likelyhood of them filing a police report would be? There were no police involved when this happened.
    Unfortunately, all I can really say is that your guess is as good as mine.

  5. #5
    Join Date
    Jul 2005
    Location
    california
    Posts
    29

    Default

    :!: UPDATE!

    Today (exactly 3 weeks from when i was stopped for shoplifting) i received a civil demand letter from walmart loss prevention recovery team. On the letter it says:

    "In order to eliminate further expense and inconvenience to you, we must receive the following amount : $200.00 Total Civil Demand"

    and then it goes on saying "if you do not pay this request, we retain the right to proceed against you in civil action for damages allowed by the California State Law, including reasonable attorney's fees."

    and lastly it says " IMPORTANT NOTICE: The payment of any penalty does not prevent criminal prosecution under a related criminal provision and does not prevent any fines or punishment which may be handed out by the criminal court."

    OK, i have decided that i will pay the civil demand today or tomorrow (i have a 15 day deadline) . My questions now are what is the likelyhood that i will be taken to court? I'm hoping that if i pay the demand they wont press charges but at the bottom of the letter it has the notice that it doesnt prevent prosecution if you pay.

    So, does anyone think it would be a good idea to call walmarts LP and ask them? OR should i call a 1-800 number on the letter? However I think that the 1-800 is only if you wish to contest the demand because it says if you have questions regarding this matter or to make payment arrangements.

    Any reply is greatly appreciated!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Civil Demand

    If they haven't yet filed a police report, and you pay their civil demand, they probably won't do so. If they have already filed a police report, paying a civil demand won't change that fact - it would only resolve their civil claim against you.

  7. #7
    Join Date
    Jul 2005
    Location
    california
    Posts
    29

    Default Re: Civil Demand

    Quote Quoting aaron
    If they haven't yet filed a police report, and you pay their civil demand, they probably won't do so. If they have already filed a police report, paying a civil demand won't change that fact - it would only resolve their civil claim against you.
    Well, i paid the demand yesterday. But let's say that they want to take me to court, how will i be notified? By mail?

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Notification of Civil Claim

    By mail, or by service of process (which may be in person).

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