Q: What happens if you do not pay a civil recovery off? After paying all court costs and fines that were required there was a notice from the store merchandise was taken from asking for $100 if paid before the 16th of that month and if not paid by then it would be $200.
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . I am not an AL lawyer and cannot speak to matters of AL law or procedure but in FL, where I have been a practicing criminal defense litigator for nearly a quarter of a century I come across these civil retail theft demands frequently and, across the board, each and every time, I advise folks not to pay them.
In Florida, in order for a retailer to get the penalty, the retailer has to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more just to file, and hundreds or even thousands more to prosecute their claim.
In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is a personal, and a not a criminal defense attorney related question.
All of that said, again I am not an AL lawyer and you are best advised to find a Daphne, AL area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
In Florida, in order for a retailer to get the penalty, the retailer has to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S. 772.11 - http://www.flsenate.gov/Laws/Statutes/2012/772.11 ) authorizes them to seek a minimum of $200 in damages, but to do that they have to file a civil lawsuit, which will cost them hundreds and maybe more just to file, and hundreds or even thousands more to prosecute their claim.
In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is a personal, and a not a criminal defense attorney related question.
All of that said, again I am not an AL lawyer and you are best advised to find a Daphne, AL area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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