Shoplifting - Civil Matter Fine

[Angelicious]

What is the name of your state? OHIO

I was stopped by a loss prevention associate for shoplifting earlier this month. At the time, I was told they would "probably" prosecute the case, although the police were not called to the store. I signed a few papers and was released.

Today, I received a letter in the mail asking for $200 in satisfaction of this civil matter. However, at the bottom, there is a passage that states the store "does not wish to file a civil action against you; however, if we do not receive payment within 30 days, we may enforce our rights under this law, which could include a civil court matter against you".

Am I correct in understanding that if I pay the $200 fine, I will not be prosecuted and this will not appear on my record? (In case it is relevant, I am a first-and-only-time offender with a clean record otherwise). Thanks for your help.

 

[racer72]

It means if you don't pay the money, they will sue you in court and besides the $200, you will get to pay attorney fees and court costs too. If the retailer wanted to have you charged with a crime, they would have threatened to have criminal, not civil charges brought against you.

 

[Angelicious]

Out of curiosity, does anyone know how the dollar amount is decided upon for a civil fine in this case? I've read that legally the store can charge up to three times the amount stolen, but in my case they are actually asking for much less than I attempted to take.

Also, given the option to charge me (or anyone) criminally, why would a store opt not to? Is it really up to their lawyers?
Thanks!

 

[kelleykathleen]

fines for stealing

I know that the store itself can make you pay a fine. If I were you, I'd be lucky that they didnt press charges against you. I'm from Ohio and got caught stealing $210 of stuff from Meijers. After being arrested for it, Meijers sent me a fine of $165 to be paid in 30 days. The fine was for any damage that was done to the merchandise when it was in my possession. I also think basically the fine is just there to scold you for stealing from them. I would just pay the fine and move on.

 

[Angelicious]

Thanks for your reply... I know I'm fortunate that this wasn't taken further (as in, no police, arrest, charges, or court date), and I have already sent the check to pay the fine. I was just wondering in my follow-up question whether anyone knows why they decided not to prosecute or how the civil damage amount was decided. Thanks again!