I was caught shoplifting

Last updated on: February 14, 2020
Awhile ago I was caught taking something from a large department store. I was caught by their security guard. They made me fill out some forms, but did not call the police and they let me go. A month later I get a letter saying I have to pay them $225 or they will sue me in court. Is this legal? What should I do?
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Answer
David Edelstein
David Edelstein
Miami, Florida
Criminal Law
(305) 538-4545
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Criminal defense attorney representing clients facing State & Federal criminal charges.

In many cases, stores have the right to seek payment for merchandise that was stolen from them, this is often referred as "civil recovery" or "civil demand". This means the store can send you a letter asking you to pay them a certain amount of money as a settlement for the stolen merchandise. They could take you to court to seek payment if you don't pay. It's important to understand that this is a separate process from any potential criminal shoplifting charges, but it sounds like, in your case, they didn't call the police. If you're unsure if you can afford to pay or think the amount is too high, you can contact the store's loss prevention department and explain your situation and see if they can come to a different arrangement. If you don't think you should have to pay the amount they're asking for, or if you don't have the means to pay it, you can speak with an attorney to understand your rights and options. If you ignore the letter, they might take you to court, so it's better to address the issue sooner than later.

01/12/2023

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