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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hi maybe you can help me. I got fired from my job for stealing

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Hi maybe you can help me. I got fired from my job for stealing I know dumb and stupid. But my mom recently got really sick an was in the hospital and couldn't work and I wa left to take care of everything all the bills and her doctors bills. I got caught stealing over $1000 dollars worth of stuff and got the letters from Neal c tenen but can afford the payments I tried contacting them but can't get in contact with them I want to pay it back and don't want it to go on my record what do I do?
Thank you for the post, I am happy to assist you by answering your questions. What repayment terms are they offering and what can you afford?
Customer: replied 3 years ago.
Well when I got fired they just made me sign papers without telling me how much I was going to be paying a month. They want me to pay $255 a month and I can't afford that right now but I want to pay them back I don't want this to go on my record.
What can you afford?
Customer: replied 3 years ago.
The $255 dollars a month they want my to pay.
Terry we may be misunderstanding each other. You mentioned that they offered $255 per month and that you cannot afford this amount. I then asked what amount can you afford, and you replied "the $255 dollars a month they want my to pay."
Customer: replied 3 years ago.
Oh yea I'm sorry I mis read the message at the most I can afford is $100 a month.
have you communicated this in writing?
Customer: replied 3 years ago.
No when I got fired they just made me sign papers saying I promise to pay them back but it never had an amount saying to pay back a month. When I got the paper saying the amount I tried contacting them threw mail and phone and no response back.
When you contacted them through the mail, what did you state in your letter(s)?
Customer: replied 3 years ago.
Yes and I have received two late payment letters so far saying I owe $765 and I have sent letters everytime they sent me a letter.
Terry, I believe we are misunderstanding each other. I asked "When you contacted them through the mail, what did you state in your letter(s)" You replied: "Yes and I have received two late payment letters so far saying I owe $765 and I have sent letters everytime they sent me a letter"
Customer: replied 3 years ago.
I'm sorry read your question again I'm just nervous I don't want this on my record this is my first time something like this has ever happen to me . But I stated that I was writing to see if their was anyway they could lower the monthly payment and that I was willing to pay them back I just couldn't afford that payment right now
Thank you, XXXXX XXXXX did not acknowledge your letter at all, just sent past due notices? Have you submitted any payment to date?
Customer: replied 3 years ago.
Yes they just keep sending me letters saying my account is past due and the last letter I recently got said that if I didn't pay the past due amount that the full amount will be due and I will be prosecuted. So far all I have paid is $100
When was the first payment of $255 due?
Customer: replied 3 years ago.
I believe it was in march that's that's when I sent the first letter saying I couldn't afford that payment.
if $255 per month is due, and they are claiming you owe $765 per the payment plan, they are claiming you are three months behind. Are you sure the payments were to commence in March?
Customer: replied 3 years ago.
Yea they started in march the next payment due is in may which makes the total $765 I guess that's including May's payment
thank you Terry, regrettably you are really in a vulnerable position here because it is undisputed that you took the money and they can impose any repayment terms they desire (i.e. you are their mercy in this respect). Did they cash your payment for $100?
Customer: replied 3 years ago.
Yes the took it and cashed my payment
And they did not credit your account for this payment?
Customer: replied 3 years ago.
They did give me credit me for that payment.
ok, then your recourse in this situation would be to continue making the payments you can afford along with statements requesting credit of your payments. Unfortunately if they do wish to take legal action against you, there is no way for you to prevent them from doing so. I really wish the situation was different, and I could in turn advise you of better options. In any event I want to make sure your questions are answered, do you have any follow up questions?
Customer: replied 3 years ago.
Yes. If I do get prosecuted and found guilty and put in jail hopefully not. But in that situation and this goes on my record how long does shoplifting stay on your record? Can you get it taken off? And how hard will it be for me to get a job with that on my record?
It will stay on your record indefinitely unless and until the conviction is expunged. If you are sent to state prison, the conviction cannot be expunged. If this would be your first conviction, it is unlikely you would be sent to state prison. With a prior conviction on your record it is unlikely you would be employable in a job that requires you to handle customer/client payments, but other entry level positions would be available to you.
Customer: replied 3 years ago.
How do I get it expunged from my record if it does happen? And will it effect my current job I have right now?
You would need to retain a criminal law attorney for the expungement and would be eligible after your probation, but you would not be able to do so alone. I do not know what your current job is and whether you have a contractual obligation to update your employer of any conviction.
Customer: replied 3 years ago.
Ok last questions. How much jail time can this have? Also how long does it usually take to get it expunged from your record after you finish your probation?
It would take a few months after the end of your probation, You could be charged with grand theft, which is considered a “wobbler” in California (i.e. it can be charged as either felony theft or misdemeanor theft depending on the circumstances and criminal history). If you are convicted of misdemeanor grand theft, you face up to a year in county jail and a maximum fine of $1,000. If you are convicted of felony grand theft, you face a sentence of 16 months, two or three years in county jail and maximum fine of $10,000.
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