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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Caught Red Handed at Walmart

    I was caught last week shoplifting at wally world, I was approached by two men when exiting the store, asked if I wanted to do it the easy way or the hard way ... So I walked into the security office with them and gave up the goods. (~50$)

    I was charged and have plead no contest to "Theft by Unauthorized Taking" with a fine of 250. I have about enough in my savings to cover that.

    The problem is that I just recieved a letter from an attorney representing Walmart in its "Civil Recovory" suit against me.

    Why is this a problem? Well mainly because im on SSI Disability and have a very low income, with the heating season coming on etc. I can't afford to pay another 300 to Walmart. I live on an income of less then 600 a month.

    My question is if I can't pay / don't pay what can happen, the letter sounds just like a standard dept collections agency and im wondering if there really going to take me to civil court (there based out of florida, I'm in maine.) for 300 dollars. The statute (As seen below limits them to 500 dollars in a civil suit in court.) If I can't pay and they take me to court are they going to sue for legal fee's etc. or are they limited to that 500 cap. If at max im facing 500 then I'm thinking about letting them take me to civil court just to get past the worst of the winter and save the extra cash needed to pay Damages.

    Maine Civil Recovery Statute

    1. Liability. Any person who unlawfully takes or attempts to take merchandise from a merchant is liable to the merchant in accordance with provisions of this chapter.[1995, c. 288, §4 (new).]

    2. No limitation. The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a merchant may have against a person who unlawfully takes merchandise from the merchant.[1995, c. 288, §4 (new).]

    3. Civil recovery. Any person who unlawfully takes or attempts to take merchandise from a merchant is civilly liable to the merchant in an amount consisting of:
    A. Damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and [1995, c. 288, §4 (new).]


    B. A civil penalty equal to 3 times the retail price of the merchandise, but not less than $50 or more than $500. [1995, c. 288, §4 (new).]


    [1995, c. 288, §4 (new).]

    4. Written demand. The fact that an action may be brought against an individual as provided in this chapter does not limit the right of a merchant to make a written demand that a person who is liable for damages and penalties under this chapter remit the damages and penalties prior to the commencement of any legal action.
    A. If a person to whom demand is made complies with the demand, that person incurs no further civil liability for that specific act of retail theft. [1995, c. 288, §4 (new).]


    B. Any demand under this section must be accompanied by a copy of this chapter. [1995, c. 288, §4 (new).]


    [1995, c. 288, §4 (new).]

    5. Criminal prosecution. A criminal prosecution under Title 17-A, chapter 15 is not a prerequisite to an action under this chapter and such a criminal prosecution does not bar civil action. An action under this chapter does not bar a criminal prosecution under Title 17-A, chapter 15.[1995, c. 288, §4 (new).]

    6. Failure to prosecute. If a merchant files suit to recover damages and penalties pursuant to this chapter, and the merchant fails to appear at a hearing in such proceedings without excuse from the court, the court shall dismiss the suit without prejudice and award costs to the defendant.[1995, c. 288, §4 (new).]

    7. Fraudulent prosecution. Any person who knowingly uses provisions of this chapter to demand or extract money from a person who is not legally obligated to pay a penalty may be punished by a fine of not more than $1,000 or by imprisonment for not more than one year or by both.[1995, c. 288, §4 (new).]



    Section History: PL 1995, Ch. 288, §4 (NEW).



    Thanks
    Swis

  2. #2
    panther10758 Guest

    Default Re: Red handed at Walmart

    Not everyone has the funds to pay Civil Demand. contact he law Firm/Civil Recovery service and make payment arrangements. Just be sure not to miss a payment.

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Red handed at Walmart

    Yeah thats an option its sunday so I can't call, What I would like to know though is if besides not having to go to court do I have any benifite by settling? If I read the statute right the max I have to pay is 3x the cost of what I stole. Do I run the risk of having to pay there attorney fee's etc. by going to civil court?

    Thank you.

  4. #4
    panther10758 Guest

    Default Re: Red handed at Walmart

    If you fight Civil Demand you will likely lose then owe 3x more than current amount or more plus court cost. Its not worth it

  5. #5
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Red handed at Walmart

    They cannot force you to pay in a civil suit. Trust me, I sued my deadbeak neighbor and never got a penny. All they can do is secure a lein on your property. This wont effect you unless you want to sell it.

  6. #6
    panther10758 Guest

    Default Re: Red handed at Walmart

    They can put liens on property request court to order wage granishment, big negative on crdit rating which could effect your buying a car, home etc. Its not worth it pay the money

  7. #7
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Red handed at Walmart

    If I go to civil court is that regarded as "fighting it" I wasn't planning on fighting it. According to the statute I there entitled to 3x the cost of what I took and what there asking to settle it for is more. I'm more then prepared to find some way to pay it over time but is it detramental to go to court and agree to try and pay the damages. If I go to court I should get the ruling to have to pay 3x the amount. So I would be paying the same or less then there offering. But do I have to pay there attorney fee's etc. if I go to court and agree to pay?

  8. #8
    panther10758 Guest

    Default Re: Red handed at Walmart

    If you and the service collect the funds agree on payment plan or payment in full no court action is required. The only reason ther would be court actions is if you
    A. fight it
    B. fail to pay they sue you

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