How to handle a claim for a civil demand?
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How to handle a claim for a civil demand?
My wife was arrested for retail theft 9 months ago. Our lawyer got the case dismissed and all she had to do was community service. Now we are getting letters from a law firm telling us we have to pay the $225 for a civil claim. Do we have to pay this? How do I get them to stop?
Asked on February 21, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under certain statutes in certain states, a store owner who has had merchandise stolen can send a "civil demand" to the person who took the items where if the civil demand is paid by the person who wrongfully took the merchandise, the store owner would not file a civil lawsuit.
Your wife does not have to pay the $225, but if she does not, I suspect that the store owner will file a civil lawsuit against her for an amount exceeding the $225 demanded. If she pays the $225 amount demanded, she will not be subject to a civil lawsuit. I suggest that she consults with your prior attorney about the civil demand.
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