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Does a civil demand have to be paid, was accused of

Does a civil demand...

Does a civil demand have to be paid, was accused of shoplifting at a Target, was let go.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

To the police? It was reported, my picture was taken, the police came, no charges were filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it

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Answered in 2 hours by:
3/12/2018
Layne Pecoff
Category: Criminal Law
Satisfied Customers: 201
Experience: dasdasd
Verified

I am a Criminal Law attorney expert and a former District Attorney, and I will be helping you. Nice to meet you.

Please keep in mind that our conversation does not create an attorney-client relationship and this is for general information purposes only.

I will be answering your question with the expectation that if you are satisfied with my answer, you will give a positive rating.

I can see that you just joined Just Answer, Welcome!

You may not be familiar with how the site works. The Attorneys do not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If that works for you, let me know and we can proceed : )

I want to make sure I understand what you are asking:

Should you pay the civil demand letter you have received from a shoplifting accusation (*when no criminal charges were filed against you)?

Let me know which parts I got right and fill me in on the other parts and we'll go from there. Thanks!

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Customer reply replied 4 months ago
Right, the police showed up, was not taken in, and charges were filed. The only thing that happened was my picture was taken my name is ***** ***** the Target system. Was let go. And I did not sign anything.

Okay, got it. Allow me a moment to type your answer. Please stand by....

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Customer reply replied 4 months ago
Ok

A civil demand letter has nothing to do with the criminal side of this case. It is a demand from Target asking you to pay THEM directly.

I used to advise my private clients to pay these, because if you don't pay, they will send you letter after letter after letter. However, if you DO pay, it is an admission of guilt and can be used against you in the criminal side of this case. And if you DO pay, your name will be added to a national database of shoplifters that is for all retailers (you do not want that! Retailers can use this database to make hiring decisions as well - it is not good to get your name in this database). It is unclear if you do not pay the civil demand whether or not your name will go into this database, but the opinion of most lawyers is that it would not.

What I do know is if you pay the civil demand, the letters will stop coming to you. If you do not pay, the letters will continue coming to you. If you do not, you MIGHT be sued, but I personally have never heard of that actually happening - ever. They may threaten to sue, but I have never seen it actually happen. And if you were sued, you could of course attempt to settle by paying the civil demand at that point.

Does that make sense? Do you have follow up questions?

It was my pleasure to answer your question and I wish you good luck with this!

If I have answered your question and you are satisfied, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

It does not cost you anything to click and it is the only way I can get credit for my work, and of course a positive 5 star rating would be appreciated.

You can still ask me all your follow up questions, even after you please leave a positive rating at the top of your screen.

I wish you all the best with sorting this out!

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Please go ahead and rate so I can get credit for my time. It does not cost you anything to rate. Thank you!

Layne Pecoff
Category: Criminal Law
Satisfied Customers: 201
Experience: dasdasd
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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