Do I need to pay a civil demand payment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I need to pay a civil demand payment?

I was caught shoplifting at Macy’s and was issued a civil demand payment. I read online from different lawyers not to pay it. What are my rights?

Asked on July 8, 2017 under Criminal Law, Hawaii

Answers:

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

Answered 6 years ago | Contributor

A "civil demand" is commonly used in incidents and sometimes in place of filing petit theft charges. Many times a shoplifter is given a choice of paying the demand and never setting foot in that store again, etc. or else the store will file criminal charges. However, you need not pay it. The fact is that these demands are rarely acted upon, so your chances of being sued are unlikley. Therefore, if you want, you can ignore this letter. However, you will more than likley get a second and for possibly an even higher amount). Again, you can ignore it if you choose. Just know that these people are notorious for their threatening and intimidating tactics; so hang tough. That all having been said, if you are summoned to appear in court, you should wait on making any payment should you do decide to pay. The court will issue a fine, community service, probation, and restitution to the store (which may be less than the civil demand amount). At such point as restitution is ordered, the store should drop its civil demand. If, however, you do pay before going to court, then let the judge know so they will not order any restitution. At this point, you may want to consult directly with a local attorney.

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

Answered 6 years ago | Contributor

A "civil demand" is commonly used in incidents and sometimes in place of filing petit theft charges. Many times a shoplifter is given a choice of paying the demand and never setting foot in that store again, etc. or else the store will file criminal charges. However, you need not pay it. The fact is that these demands are rarely acted upon, so your chances of being sued are unlikley. Therefore, if you want, you can ignore this letter. However, you will more than likley get a second and for possibly an even higher amount). Again, you can ignore it if you choose. Just know that these people are notorious for their threatening and intimidating tactics; so hang tough. That all having been said, if you are summoned to appear in court, you should wait on making any payment should you do decide to pay. The court will issue a fine, community service, probation, and restitution to the store (which may be less than the civil demand amount). At such point as restitution is ordered, the store should drop its civil demand. If, however, you do pay before going to court, then let the judge know so they will not order any restitution. At this point, you may want to consult directly with a local attorney.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption