shoplifting settlement payment question

[Crankyoldfart]

NJ

My daughter was caught shoplifting at a Pathmark store, $3 lipstick. I now have a letter from Palmer, Reifler & associates indicating that they have the right to civil damages under the NJ statues. Palmer, Reifler indicate that I can settle for $150.00 and agreed over the phone to installment payments of $30 per month for 5 months. Though, they would not provide me anyting in writing as to the terms and conditions of the installment, only saying if a payment was late, the agreement would be terminated and be submitted to a lawyer for further action.

She can babysit to get the money to pay for this...

My question is: should I include a letter with the first payment indicating my understanding of the agreement and that once they cash the first payment they are agreeing that the matter is settled completely and my daughter and I will not be subject to any other fines, statues, etc?????

Would you suggest that I speak with an attorney before I settle? I was late in getting to talk with them and only have until June 12th to make the first payment.

Thank you in advance for your help.

 

[JETX]

should I include a letter with the first payment indicating my understanding of the agreement and that once they cash the first payment they are agreeing that the matter is settled completely and my daughter and I will not be subject to any other fines, statues, etc?????

Should you?? No one can answer that for you.... but it is a good idea.
Would it be legally binding on them?? No.

Would you suggest that I speak with an attorney before I settle?

Yes. The problem here is that NJ has revised their shoplifting statutes and any 'theft' under $200 is a relatively simple 'disorderly person' charge. Further, the NJ statutes aren't 'set in stone' as to how much the merchant can recover in civil damages. At this point, their demand is presumably without any support for the amount.

2C:20-20. Civil actions
8. Civil Actions. a. Any person damaged in his business or property by reason of a violation of section 7 of this amendatory and supplementary act may sue therefor in any appropriate court and shall recover threefold any damages he sustains and the cost of the suit, including a reasonable attorney's fee, costs of investigation and litigation.

b. (1) All persons who have possessed or obtained control of stolen property are liable as principals and may be sued jointly or severally, whether or not possession or control was joint.

(2) Any person held liable for possession or control of stolen property under chapter 20 of Title 2C of the New Jersey Statutes shall have standing to bring a civil action for contribution from any person who possessed or exercised control over the stolen property and who knew, had reason to know, or was reckless with regard to the risk that it was stolen.

Here is a link to a NJ attorney who offers a free consultation on these charges:
http://www.nj-defense-lawyer.com/shoplifting.htm

If you decide to not contact an attorney, at the least, I would suggest you contact the merchant (Pathmark) to make sure that this company (Palmer) has the legal right to pursue their civil recovery.... AND try to get a letter from them as to releasing claims upon recovery, as they are the party who has the right to pursue any action against your daughter.

 

[panther10758]

And if this Law Firm refuses they can demand payment in full! They hold all the cards. Once you make final payment write on check "paid in full". Its very rare for a any Civil Recovery service or Law Firm to pad Civil Demand. The amount is on your letter if and its big if they add to sum they would require to notify you with another letter. At that pint consult an Attorney. You can (of course) hire an Attorney now but the store is acting within the law and you will be spending more money! Whatever arrangement you make be sure to pay on time each month! If you fail to meet deadline for payment you can be sued for even more! Save all contacts from this firm. If you pay and pay on time there should be no problem.

 

[JETX]

And if this Law Firm refuses they can demand payment in full!

Of course, they can make any demand they want. That doesn't mean they will get it.

Once you make final payment write on check "paid in full".

Not only does "Accord and Satisfaction" have absolutely nothing to do with this, a 'paid in full' statement means nothing in New Jersey (and most other states).

 

[Crankyoldfart]

Thank you!!!

Thank you for your advice.
I will follow up with an attorney, just to make sure once the final payment is made this is settled.
That is most important for me.

Thank you again for your advice.