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  1. #1
    Join Date
    May 2009
    Posts
    27

    Default Civil Demand

    It has been couple weeks since I received my civil demand from the store that I was caught shoplifted at. I have been trying to retain a lawyer and have been talking to several of them. I have a positive thoughts about hiring this lawyer and I have been talking to him a lot lately. I am trying to arrange my financial condition accordingly so that I can hire him and been trying hard. But it seems that I will not be able to hire him before the deadline mentioned in the civil demand letter. The civil demand letter says that you have to make payment arrangement within 30 days and it is already 18 days since I have received that letter. My lawyer (to be retained) says not to pay the civil demand unless he says. But the things is that I cannot hire him before the civil demand date ends.. I am so confused. MY court date is not until July so I am trying to wait till the end of June to hire him and I think I can afford hiring him at that time.

    What should I do? If I am pleading "NOT GUILTY" in the court then is paying the civil demand causing me any problem? IS Paying civil demand pleading guilty itself??

    SERIOUS HELP PLEASE!

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Civil Demand

    You need to pay this immediately.

    The Civil Demand is separate from the court date.

    Looking back on your posts, you have been advised by many of us here to pay the Civil Demand the minute it came in, or call the number included in the letter to make a payment schedule.

    If you don't pay it: You are looking at being sued in Civil Court by the store, and the amount WILL go up. Their attorney fees, the costs of suing you, will be added.

    Your Credit Rating will be affected.

    You're on an F-1 Visa.....that could be affected as well.

  3. #3
    Join Date
    May 2009
    Posts
    27

    Default Re: Civil Demand

    Thanks a lot for replying. I understand and realize this but I am just wondering why my lawyer is telling me not to pay this yet. So, paying the civil demand is not "PLEADING GUILTY" right??

    Thanks thanks thanks

    Also, the phone no. mentioned in the civil demand letter doesn't work. I don't know why "it says all the circuits are busy'?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Civil Demand

    You are free to disregard it if you wish. But, understand that in so doing you open up the possibility of additional penalties.

    It's a gamble that each individual has to decide for themself. if you think the odds are in your favor, then don't pay it. If you would rather not risk the added $500 or so (and the associated credit rating hit)that might be tacked on, then you pay it. It's all about rational choice.

    - Carl

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Civil Demand

    Aphex....sorry to disappoint you, but you are wrong.

    Reality is this:
    - In court, the judge may ask you if you have received the Civil Demand, and if you have paid it.

    And it does look good to the judge that you have paid it prior to the court date. This may also be considered during sentencing.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Civil Demand

    Quote Quoting AphexTwin
    View Post
    If the judge actually does ask you that question, a simple "no, I have not received anything like that, sir" will suffice just fine because there is no way for the store or the "law firm" to prove, short of personally delivering a civil demand letter to someone and having them sign in acknowledgement, that you actually received it. So again, I reiterate my suggested course of action: tear up any civil demand letters and pretend they never existed, if you stupidly gave your real phone # to the loss prevention people and you start to get calls about the "civil demand" (Palmer and Reifler loves to do this), tell them they have the wrong number, or better yet, don't answer the phone at all.
    That's great ... advise people to commit perjury.

    Splendid ...

    - Carl

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Civil Demand

    Well, if this person chooses to follow Aphex's advice, I hope he/she also reports back here if they got sued, or their credit rating got screwed as a result.

  8. #8
    Join Date
    May 2009
    Posts
    27

    Default Re: Civil Demand

    Guys! I wanted some serious suggestions here...not some kinda risk or game I would wanna play with my life or career...I need to get rid of a problem not just jump into another one...

    Lying to the judge..Wow what an advise?? I guess I would just go ahead and pay the civil demand worth a hundred (assuming that I have given this to some law firmas a charity) rather than being sued and screwing up my credit rating! Wow what a thread!

    Also, for the kind information, the civil demand letter is from the corporate company not some kinda law firms!

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Civil Demand

    Now THAT is "character" ... doing something because you probably won't get caught.

    Dear God, have you no moral fibre?

    - Carl

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Civil Demand

    It's up to you, Strange, to decide.

    Why would my lawyer tell the judge that I had (1) Paid the Civil Demand, and could prove it. (2) His defendant (me) had shown remorse, which was noted by the police officer.

    Think of that while making your decision.

    Did you sign any forms admitting guilt? That is all they need in the court room, not the employees at the store to testify.

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