Do I have to pay civil demand?

[havetopay?]

What is the name of your state (only U.S. law)? NY

My 14 year old daughter was caught shoplifting at Walmart...$34 worth of merchandise. She was banned from the store for 1 year. They called the state police who arrived and issued her a ticket to appear for juvenile probation. She had that intake and they are sending it through to family court. The other day I got a civil demand letter from an "attorney's office" that you can call until 11:00pm at night? stating I have to pay $170. Do I really have to pay this? What happens if I ignore it? I would have HER pay it but at 14 it is very tough to get a job here.

 

[justalayman]

No, you don't have to pay it. Of course, since it is a legal demand, your daughter and maybe you will likely be sued and the resulting judgment will then include some legal fees but no, you don't have to pay it, regardless of how good of an idea it is to actually pay it.

 

[havetopay?]

OK, so I DO have to pay it? You could have just said that. The REASON I am asking is because I have heard a lot about and read a lot about people not paying these and that these letters really come from places that are more like collection offices. Also the letter states "this is not an attempt to collect a debt" what exactly does that mean?

 

[justalayman]

If you have doubts of the validity of the claim, I would suggest contacting WalMart and asking if they will verify the authenticity of the agency that sent the letter with the civil demand.

"this is not an attempt to collect a debt"

when a collection agency contacts you, they must alert you to the fact they are a CA and they are attempting to collect a debt. This is not a debt that would fall under the collections laws but one allowed specifically by statute. It is in effect a fine but the laws allow it to be issued and collected by the injured party (Walmart in this case). It is not classified as a fine but is rather a form of an allowance for damages incurred by Walmart.

 

[stealth2]

I would have HER pay it but at 14 it is very tough to get a job here.

Babysitting, dog walking, yard work, running errands for neighbors, working the $$ off doing chores for you... Lots of options.

And no, you do NOT have to pay it. But then expect WalMart to sue you/your daughter - and it's gonna be more than $170, once you add in legal fees, etc.