What is a "civil demand" or "civil recovery" when one is caught shoplifting?
I know a teenage girl who made a big mistake. She was arrested for shoplifting at age 16, and had an ACD. She completed all of the terms of that, and the charges were dismissed in May. Today, her mom received a phone call stating that she (the mom) will be sued by a law firm hired by the store the girl stole from if she didn't immediatly agree to make a payment to the law firm. There was no paperwork sent to the house, so the mom said no. What is this demand for? Is there any "teeth" in what the law firm said? Can this mom really be sued? Is this double jeapordy as the girl already had been prosecuted criminally? The items stolen were immediately returned to the store, so they weren't out any money. Thanks and sorry it's so long.
Answers:
Basically, civil demand/recovery is monetary restitution sought after by the plaintiff. Although the items were returned it may have caused a "disruption" that the store incurred inevitably causing the store to lose money. Although she may have completed the terms of her probation, the company can still file a lawsuit with the civil courts.
This does have potential and your best bet as of now would be contacting a lawyer.
That "law firm" made a demand for money? Under what grounds? I would have demanded a written request with the "bill" of the charge.
A reputable law firm will research to find people to collect unpaid fines/fees/etc. But this sounds fishy.
The girl was charged with a delinquent (criminal) act. She cannot be criminally charged again for the same act. It sounds like the store is now seeking payment for what she took from them. That is a civil case, so it is not double jeopardy. (Remember OJ? No criminal conviction, but a civil verdict when Nicole's family sued him - this is the same thing). In my state, restitution is usually ordered in the delinquency/criminal case, so there aren't civil cases for payment. Sounds like there was no restitution ordered in this case. As the parent, your friend is responsible for her daughter's actions, so the store is properly seeking payment if the item was not returned to them.
Your friend was right not to agree to pay without a written demand. The lawyer should send a demand letter stating the terms. Your friend should also insist on a full release from the store if she decides to pay after she gets the letter.
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