Whatcan I do if my little brother was got shopliftingand they sent me a letter asking me to pay them $200?

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Whatcan I do if my little brother was got shopliftingand they sent me a letter asking me to pay them $200?

There’s no way I can do this. What should I do?

Asked on November 28, 2011 under Bankruptcy Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In shoplifting cases, these demands (known as "civil demands") are routinely made. However, as a general rule, they are rarely acted upon.  Practically speaking your chances of being sued are virtually zero. Accordingly, you can ignore this letter if you want.

Yet be aware that if you don't pay this first demand, you will certainly receive a second, and for possibly an even higher amount.  Again, you can ignore it if you chose. However if you decide to make payment, pay no more than $50 or so. Put this in a letter to them. Do not speak with them directly.  These people are known for their threatening and intimidating tactics. 

Additionally, if you do choose to pay prior to your broth's juvenile court appearance (if there is one), keep proof of the payment. In such cases the court may order restitution (if damages occurred). So if you pay the amount requested in the civil demand letter, you will have prove that no additional restitution is owed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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