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  1. #1
    Join Date
    May 2008
    Posts
    3

    Unhappy Shoplifting From Wal-Mart And $225 Civil Demand

    My question involves criminal law for the state of: California

    I'm 22 years old !
    I'm form France and I live in California for just 2 months.
    I need advice because I have a problem with a collection agency " bennett Deloney" !
    highlight of the story :

    One month ago I went to WAL-MART in aim to buy one bicycle one pad lock and a back bag. I did the mistake to wear the bag on my back ! I said mistake because when went to pay my stuffs I forgot that I was wearing the bag on back ==> so I didn't pay the bag. (more or less 20$)
    2 young men waited me at the door, caught me and said that I had stolen the bag. They take me into the security room,questioned, identification checked and told to sign an admission of guilt. The police were not called. The 2 guys were nice with me. (Furthermore, I don't speak english very well)
    They told me I will not have problem !!!
    I believed them !!! But this monday (the 26th of may) I recieved 2 calls from a collection agency "bennett deloney". I didn't answer them but they leave me a voicemail. They asked me to call back for an important matter !

    I have never called back them !!

    On monday, I recieved a letter from this firm in which they ask me to pay 225$ of civil damages !!!

    This is the letter :

    This firm has been asked by Wal-Mart STores, Inc. to handle the resolution of a shoplifting incident in which you were involved. Our records indicate that on may 13, 2008 you committed the act of shoplifting or theft as defined by your state.

    The law in your state authorizes the merchant to recover civil damages and/or penalties, which they suffer as a result of shoplifting. A copy of this statute is included on the reverse side of this letter. (Please note that there is no representation that this statute is current, complete, or accurate. The inclusion of this text is for informational purposes only and is not intended to be legal advice.)

    This letter is a settlement offer in order to settle all potential claims our client may have against you, arising from this incident, for a lesser amount before this matter proceeds any further within our office. The amount that you need to pay in order to settle this matter at this time is $225.00.

    This settlement amount is less than the full amount of daamges and/or penalties that our client is allowed by law to pursue. However, if you do not pay this amount by june 20, 2008, the amount you will be required to pay to settle this matter will increase.

    In the event that you do not pay the amount listed above, your state law may allow a civil action to be filed against you. If an action is filed against you, your client will seek court costs and attorneys' fee for such litigation.

    Please note that the civil damages and/or penalties request in this letter are in addition to any crimnial penalty. If you have been prosecuted, you still owe these civil damages and/or penalties.

    Please use the attached payment coupon to make payment by credit card of send a cashier's check, money ordde or other verified funds.


    I don't know what I have to do ??
    Should I pay ??
    After paying them, can they sue me again?? for 20$ ??

    After paying them, can they ask me more money ??

    Can they call to my work ?? (the guy in walmart made a copy of my badge)

    I'm worried about this story, I don't want problems, I don't want they call to my job to speak about this issue.
    I have read on the web that this guys are able to do anythings in aim to get money !!

    I searched on the web for different advise but I have read so different things about this firm.
    first :they are crooks, they are liars,....
    second : I have read that the civil damages are a legal fine and I have to pay it.
    But how can I pay a legal fine to crooks ?????? It's very strange. I thought that if cops didn't come I don't have to pay ??? thats right ??? I agree with the fact to pay a fine but I would like to pay it to Walmart or to the Cops not the collection agency.
    Is it possible that walmart ask the firm Bennett Deloney to have this money ???

    I will go back in France the july,end can they sue me abroad ???

    (Excuse my english !!!!!!!)

    I don't know the laws in this country and in this state, so I'm lost...
    Could you please advise me !!!
    Thank you in advance !!!

  2. #2
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Shoplifting From Wal-mart=> 225$ Collection Agency (Bennett And Deloney)??

    I just went through the same situation you did so....

    The firm that contacted you is one that is trying to collect the Civil Restitution for your crime. Wal-Mart collects this whether the police were called or not.

    No, you don't have to pay...yet if you do not pay right away the amount can go up significantly...$500..$750...possibly more. Also, Wal-Mart can then sue you if you don't pay, maybe not, but I wouldn't take the risk.

    Chances are they will not contact your employer and if you take care of the payment you should be fine to go back to France. That's just my advice from what I experienced anyway...not expert, but hope it helps.

  3. #3
    Join Date
    Mar 2008
    Posts
    138

    Default Re: Shoplifting From Wal-mart And $225 Civil Demand

    if you are going back to France and are never planning to return to the US, then i would advise you to save your money and not pay them a penny. they cannot sue you abroad. If, however, you are planning to come back here at some point for work on a Visa, I would advise you to pay them to avoid any future problems with your residency in the US.

  4. #4
    Join Date
    May 2008
    Posts
    3

    Default Re: Shoplifting From Wal-Mart And $225 Civil Demand

    thank for answer me !!

    I don't know what I will do now.
    I have asked advise to Bud Hibbs !!! (http://www.budhibbs.com)
    he answered me to send them a dispute validation notice in which I ask them to send me by writing the verification of the debt and the name and address of the original creditor cease collection of the debt and in which I ask them to cease all collection activity !!!

    I have 4 questions :
    If I pay them,
    will they leave me alone ???
    Will they stop to call me, my job?
    will they stop to ask me money??
    Will they stop their collection activity against me ??

    I just want to be worry-free.
    so if I need to pay 225$ to be cool !! it's ok for me. but I need to be sure they will leave me alone after paying !!


    Thank you in advance for your answer !!

  5. #5
    Join Date
    Mar 2008
    Posts
    138

    Default Re: Shoplifting From Wal-Mart And $225 Civil Demand

    yes, they will for sure leave you alone if you pay what they ask. after that, they will have nothing more to do with you.

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