TX- I was caught shoplifting at Kmart for a total of over $50, which is enough for an arrest here in TX, but the security was nice enough not to call the cops and send me home. I signed some papers and I received a letter in the mail from Palmer & Assc to pay them $300, I made the first payment which was $100, but now I am skeptical on whether to pay it all off, I dont wanna go to court since it would be my second offense. Will this stay on my record? And would I end up going to court if I dont pay them?
You have two issues here.
The first is the criminal act, for which you are very lucky that police were not called and you were not arrested. The second is a civil demand, which you received from Palmer and Associates.
What most people do not realize is that the law allows for CIVIL penalties on top of any criminal penalty for shoplifting. The retailer can legally make such a demand whether or not the items were returned, or whether or not you were arrested for the offense.
No, they probably can't arrest you for not paying it. But they are absolutely entitled to the civil penalty they are demanding from you. Unfortunately for you, it is the cost of your crime, and you are obligated to pay it. If you do not, then they can sue you for the unpaid balance, obtain a judgment against you, and have that showing on your credit report for future employers, apartment managers, and creditors to see.
You think you got away with not getting arrested? Don't be foolish enough not to pay the small price you are obligated to pay in the form of the civil demand.
