• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Payed for things stolen from company, now I'm told to pay again.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jimmyo1883

Junior Member
What is the name of your state?What is the name of your state? Florida

Hi everyone. I was previoulsy employed at Kmart in Orlando. Where I was caught for stealing. I confessed to literally everything I stole withing the 6 months that I worked there. I agreed to pay the amount back that the Kmart loss-prevention people estimated the items at ($1200.00) and they said that I would be clear of any other charges an such by Kmart, but I may be required to pay for vendor items that I had taken/eaten. I signed the release papers and other papers showing that I admitted to the amount of items stolen and paid for them, and that I would not try to prosecute over the event.
Today, I recieved a letter from a law office saying the following:

This law firm represents Kmart for its claim regarding misappropriation of company assets by you. Our clients advises that you are responsible for a loss that now must be paid. The following demand is broken down into both a restitution component, covering the cost of the loss itself, and a civil penalty component, persuant to: Florida Statutes Section 772.11, a civil remedies act
At this point, you may settle this matter by making payment to us in the amount of $2500.00 within twenty days of the date of this letter (jan 10, 2006).
Should payment fail to be made, we may take further action and seek a higher settlement amount. Kmart may also file a lawsuit, in which it will seek any available attorney's fees, court costs and other legal expenses throughout such litigation. and so on...

I had confessed to every thing I have taken during the time I was there, but i guess they think I still took WAY more than what I admitted to. They even exhaggerated the prices of most of the items I took, but I didn't say anything. I knew what I did was wrong and ended up paying for it. My supervisor, who showed me about stealing everything and how to get out with it, apparently did this way before I was there. He admitted to stealing also, but confessed to very little (only $505.00) I have no clue what action I should take right now and this is the first time anything like this has happened to me. Could someone please tell what is the best route for me to go in all this? If any more info is needed I can post it. Thank you.
 


Kane

Member
They're suing you for treble damages under Florida's civil code penalties for theft.

772.11 Civil remedy for theft or exploitation.—
(1) Any person who proves by clear and convincing evidence that he or
she has been injured in any fashion by reason of any violation of the provisions
of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold
the actual damages sustained and, in any such action, is entitled to
minimum damages in the amount of $200, and reasonable attorney’s fees
and court costs in the trial and appellate courts. Before filing an action for
damages under this section, the person claiming injury must make a written
demand for $200 or the treble damage amount of the person liable for
damages under this section. If the person to whom a written demand is made
complies with such demand within 30 days after receipt of the demand, that
person shall be given a written release from further civil liability for the
specific act of theft or exploitation by the person making the written demand.
Any person who has a cause of action under this section may recover
the damages allowed under this section from the parents or legal guardian
of any unemancipated minor who lives with his or her parents or legal
guardian and who is liable for damages under this section. In no event shall
Punitive damages may not be awarded under this section. The defendant is
shall be entitled to recover reasonable attorney’s fees and court costs in the
trial and appellate courts upon a finding that the claimant raised a claim
that which was without substantial fact or legal support. In awarding attorney’s
fees and costs under this section, the court may shall not consider the
ability of the opposing party to pay such fees and costs. Nothing under This
section does not limit shall be interpreted as limiting any right to recover
attorney’s fees or costs provided under any other provisions of law.
This is a civil suit, not a criminal action.

That means failure to pay could lead to a judgment against you, but no jail time.

Based on your confession, I don't doubt they can prove you stole the items, and the statute seems to give them the right to the $2500 they're asking for.

However, you should consult a civil attorney to determine whether you have any defense. Also, you should consider asking them whether they'd consider a negotiated settlement (a settlement for less than what they're asking for.)
 

Jimmyo1883

Junior Member
Okay. I'm having problems finding an attorney to tell me what to do. I don't really know what type of attorney I should speak to. I called some in the yellows pages who are "civil attorneys" but they only specialized in bodily injury and other things. I dont really understand what they're fining me for. I know that there's no way that the items I stole exceeded $1400, yet they're charging me for $2500 more. My friend, who was also involved, got the same letter to pay only $1515.00, approximately 3 times the amount he confessed to stealing.
What wuold me situation be considered, or what specialized attorney should I look for to talk to them about my situation?
 

divgradcurl

Senior Member
Jimmyo1883 said:
Okay. I'm having problems finding an attorney to tell me what to do. I don't really know what type of attorney I should speak to. I called some in the yellows pages who are "civil attorneys" but they only specialized in bodily injury and other things. I dont really understand what they're fining me for. I know that there's no way that the items I stole exceeded $1400, yet they're charging me for $2500 more. My friend, who was also involved, got the same letter to pay only $1515.00, approximately 3 times the amount he confessed to stealing.
What wuold me situation be considered, or what specialized attorney should I look for to talk to them about my situation?
Try contacting a criminal law attorney -- they may be able to help you with this. Most civil attorneys in the phone book are personal injury lawyers, or family lawyers, so they probably won't be able to help out. But since this is essentially a civil penalty for a criminal act, a criminal defense attorney might be able to help you.
 

Kane

Member
It's a civil action in a civil court, not a criminal action.

The reason they're suing you is that the store has "a cause of action for threefold the actual damages sustained," under the law quoted above.

Threefold means times three. You said you told them you stole $1200. Three times $1200 is $3600. $3600 minus $1200 (what you already paid) is $2400.

I'm guessing you rounded down to $1200, and that's where the $100 difference comes from.

Anyway, it's not clear to me you have a defense, since you admitted stealling from the store, and the law gives them the right to collect a civil penalty from you. If and when you do find an attorney who's willing to talk to you, I suspect that's what they'll tell you. It may be your best bet is to try to negotiate a settlement yourself.

There was a very good post in one of the civil forums about how to go about negotiating a settlement - which I can't find now. (Perhaps somebody else knows what I'm talking about.) Basically, the idea is to offer cash up front in exchange for a non-suit. You DO have leverage here, whether you realize it or not, because collecting on a judgment is hard work, and especially difficult if the defendant has no assets.
 

divgradcurl

Senior Member
It's a civil action in a civil court, not a criminal action.
I understand that. My point was simply that I'm not sure most, if any, regular "civil" attorneys would be versed in this type of case at all -- whereas a criminal defense attorney might be better equipped to take a stab at it.

I agree she probably doesn't have much of a defense anyway.
 

Jimmyo1883

Junior Member
I went to a criminal attorney today. He basically said my best route to take was to negotiate with them and try to lower the amount or set up a payment plan. Since I admitted in to stealing specific items in the store, it gives me basically no defense, and I would most likely end up having to pay more if this all went to court (or basically what Kane said). The lawyer figured that it was $2500, not $3600 because the law firm might go by a scale or something when deciding the amount one has to pay, like the amount they wanted was the maximum amount that they go for with people in my situation, I guess. The amount I had to pay when I admitted to stealing the items was actually approx. $1200.
If anyone could point me to this topic about negotiating a settlement, it would help out also. I have until february 1st to pay the amount. Thanks for the help everyone.
*Edit* Nevermind. I found it. Hopefully, it'll help me out.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top