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Civil Damages for Loss caused by Theft

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mhamlin

Junior Member
What is the name of your state?Colorado


I recently was sent a letter from a law firm saying I owe money for civil damages for loss caused by theft. I really dont understand that considering the criminal case was two years ago. Does anyone know what the statute of limitations is in these types of cases.

Also, this new amount that I owe is more than 3 times the original amount that I stole. It says that this new amount is broken down into several parts restitution component, covering the cost of the loss itself and a civil penalty component. I dont understand the restitution part, I payed that shortly after the criminal case was resolved? Can they legally charge me again for a restituition payment?

If anyone has any advise please help me!!!

Matt
 


mhamlin

Junior Member
It says CRS 13-21-107.5


They say I owe 976.33. This includes the orignal restitution amount of 301.33, I payed this two years ago.

The statute they are using says:

13-21-107.5. Civil damages for loss caused by theft.

1) As used in this section, unless the context otherwise requires:

(a) "Emancipated minor" means an individual under the age of eighteen years whose parents or guardian have surrendered parental responsibilities or custody, the right to the care, and earnings of such individual and are no longer under a duty to support or maintain such individual.

(b) "Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale either at retail or at wholesale.

(c) "Merchandise" means all things movable and capable of manual delivery and offered for sale either at retail or wholesale.

(2) An adult or an emancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.

The statute says I cant be charged for more than 250 dollars. So where is the extra 450 dollars coming from?

Thanks
Matt
 

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