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Unable to pay?

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tweak

Junior Member
What is the name of your state? Illinois

I was arrested, on march 4th for retail theft. I recieved a lletter in the mail, last week, stating that I owe the dpeartment store which I was caught at around $400, for civil liabilty. It says in the letter that the money is due by april 7th. I am pretty much unable to pay this at all. I could pay half of it, at the most, so I need to know what happens if I don't pay it.
 


Happy Trails

Senior Member
tweak said:
What is the name of your state? Illinois

I was arrested, on march 4th for retail theft. I recieved a lletter in the mail, last week, stating that I owe the dpeartment store which I was caught at around $400, for civil liabilty. It says in the letter that the money is due by april 7th. I am pretty much unable to pay this at all. I could pay half of it, at the most, so I need to know what happens if I don't pay it.
Well, let's take a guess at what they may do. They could sue you for the civil fine and if they win, then you would be responsible for $400, court fees, attorney fees, accruing interest... Then they could go after you to collect the judgment, whether it be through garnishing of wages...

You should contact them and see if you can work out a payment plan. Doesn't mean that they will go for it, but it doesn't hurt to ask. You could also borrow it from someone, sell something, get a job....
 

tweak

Junior Member
Happy Trails said:
Well, let's take a guess at what they may do. They could sue you for the civil fine and if they win, then you would be responsible for $400, court fees, attorney fees, accruing interest... Then they could go after you to collect the judgment, whether it be through garnishing of wages...

You should contact them and see if you can work out a payment plan. Doesn't mean that they will go for it, but it doesn't hurt to ask. You could also borrow it from someone, sell something, get a job....
A few problems with the suggestions. No one trusts me enough to pay them back that much money, and they have a reason, because I am one of the most unreliable people out there. I have virtually no possesions that belong to just me, almost everything I own, besides clothes belong to me, and my brother. I would get a job, but I am still under 16, causing me to not be able to work ANYWHERE in this town. And I do plan on calling the number enclosed to see if I can work out a payment plan, but I am seeing what the worst of the worst could be.
 

ENASNI

Senior Member
oY

Happy Trails said:

maybe I need a break from this board, this was a sad one. A fourteen year old with no one to help who is stealing?


I just read about a dead pet and got sad. I have to arrange my priorities.

Tweak ( don't do drugs!) you can work this out somehow, call the number and look at the link that Happy Trails got you. There is always a way (not stealing or drugs though ;) )
 

emilye

Member
I have experience in this area, but in Colorado. So this may be helpful, but check to make sure it would work in your state.

I believe what you are talking about is the civil demand. Stores are allowed this in order to try to recoup some of the costs associated with having security and surveillance measures and their costs. If no one shoplifted, they wouldn't have a need to pay for the expensive systems and loss prevention/asset protection personnel.

Anyway, it may be worth the time to make some phone calls. The store, unless it is a small or family owned place will probably not be any help. Find out if the store has a corporate office and/or legal department. Then get ahold of someone at one of those. Explain your situation, that you made a mistake, you regret it, and you want to do what you can to make things right, and avoid wasting everyone's time going to court if possible.

They may be willing to work with you if you are sincere about it. You sound like you feel bad about what happened, but make sure you stay polite and courteous with them, they hold the cards right now. Any attitude or rudeness will only hurt you.

Stores are sometimes willing to forget the civil demand, if restitution is made somehow, as it is a pain in the a** for their detectives and managers to go to court, and the store has to pay them for going when they could be paying them to be working instead.

Basically you will probably end up paying for the merchandise you stole, but may get out of paying for the civil demand and the asscoiated court costs.

If you do go to court, you will likely be assesed for all of it, the $ of merchandise, the $ of civil demand and the court costs.

Take the time to make some calls and see if they are willing to work with you, it may be well worth the time and effort. Good luck and keep out of trouble.
 

emilye

Member
fyi

if you do end up paying for the merchandise (which you likely will, either to the store or after going to court) the merchandise is now yours and you have the right to demand it be released to you. Just FYI. You may as well get the $400 worth of stuff and consider it a lesson hard learned.
 

Neal1421

Senior Member
emilye said:
if you do end up paying for the merchandise (which you likely will, either to the store or after going to court) the merchandise is now yours and you have the right to demand it be released to you. Just FYI. You may as well get the $400 worth of stuff and consider it a lesson hard learned.
I don't think he/she is in the position to demand anything at this point.
 
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callie3634

Junior Member
What??? If you get caught shoplifting....have to reimburse the store..possibly go to court....you get to keep the stuff you stole???? Is this true?????
 

emilye

Member
ok

emilye said:
if you do end up paying for the merchandise (which you likely will, either to the store or after going to court) the merchandise is now yours and you have the right to demand it be released to you. Just FYI. You may as well get the $400 worth of stuff and consider it a lesson hard learned.
So i guess you didn't say what the value of the the merchandise you took was, the letter said you owe $400...

Still you should try making the phone calls. Also, be aware that the dollar amount of what you took determines the "seriousness" of the crime, ie, whether it is a misdemeanor or felony. Here, it used to be $300+ = felony. But it is different in each state.
 

emilye

Member
callie3634 said:
What??? If you get caught shoplifting....have to reimburse the store..possibly go to court....you get to keep the stuff you stole???? Is this true?????
It is, or at least was, in Colorado. When I was a store detective (and this has been a few years ago), I was horrified the first time I heard that too. It sucked to have worked to catch these people, waste time going to court, and then having to hand the merchandise over to them. As far as I was told by the corporate office (Corp was in California, our store was in Colo) once the court date is over, the merchandise is no longer evidence, and when payment had been made for it, it now was the property of the offender.
 

callie3634

Junior Member
emilye....I learn something new everyday. Just seems kinda stupid. So the thief gets the merchandise no matter what. They have a 50% chance of getting it for free. And we wonder why so many people shoplift. Maybe lawmakers should start there IMO

If someone steals a car..or a child for that matter they don't get to keep it after retribution is made. Anything tryed to gain illegally should be ripped away and heavy fines inposed. Again IMO :)
 

ENASNI

Senior Member
emilye said:
It is, or at least was, in Colorado. When I was a store detective (and this has been a few years ago), I was horrified the first time I heard that too. It sucked to have worked to catch these people, waste time going to court, and then having to hand the merchandise over to them. As far as I was told by the corporate office (Corp was in California, our store was in Colo) once the court date is over, the merchandise is no longer evidence, and when payment had been made for it, it now was the property of the offender.

(Off topic to emilye)

I am not anyone here, but I want to thank you for your contribution. This was information that could help others.
 
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