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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Hi, Maybe not up your alley but here goes. My daughter attempted

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Hi, Maybe not up your alley but here goes. My daughter attempted to steal some clothing from a department store in NC. She served her community service and her case was dissmissed and her record is being exponged. Can the deptment store, through an attorney legally file a civil claim against my daughter or should I tell them to "take a hike"?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. What you've described is a civil demand letter and it is perfectly allowed under North Carolina law. You can read the specific law at this link. (it opens as a PDF document).

If your daughter tells them to take a hike, they can simply sue her in small claims court for the owed amount.

Yes, this matter can result in criminal consequences and civil consequences. It is a double-whammy and it's legal.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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