Civil Demand Letter for Shoplifting – Do I have to Pay It?

You were recently caught taking some clothes from a store. The store you shoplifted from has now sent you a civil demand letter calling for $250. Do I really have to pay?

Maybe. If you refuse to pay the store, the store could take you to court in an attempt to collect the money. But it is uncertain as to whether a store would pursue this route.

If you do pay, a prosecutor can still file a shoplifting charge against you in criminal court because you stole goods from a store.

Note that in the context of a shoplifting case, a civil demand letter is a letter sent by the “victim” store or its lawyer to the alleged shoplifter. The letter demands payment for the losses the store incurred because of your shoplifting offense. These losses may include:

• the cost of the item(s) you took,
• the cost of any damage done to the item(s), and
• the expenses to the retailer for having to deal with the offense (for example, the expense of paying a store employee or a loss prevention officer).

1. Should you pay a demand letter in a shoplifting case?

Maybe. Most jurisdictions authorize a store to send you a civil demand letter if you were caught shoplifting from the store.¹

The store is also entitled to the money if your acts did in fact cause the store to incur some type of financial loss.

Given this, it might be in your best interest to pay the store to hopefully prevent it from taking further action.

Note that if you believe the sum of money that the store is asking for is too high, you or your attorney can often attempt to negotiate a lower payment.

Note, too, that if you decide to pay, you may want to wait a short period of time before paying. A quick payment may be a sign that you are admitting that you are guilty of the underlying shoplifting offense.

2. What if you refuse to pay?

If you do not pay a demand letter, the store could try to initiate a civil lawsuit against you to obtain a judgment. If successful, the store could use the judgment to try to collect its money.

But keep in mind that the costs of suing you might be greater than the amount of money you owe the store. If this is the case, the store may decide against filing a civil action.

Example: You are accused of shoplifting $300 worth of goods from Walmart. The store sends you a civil demand letter asking for civil recovery of the $300. You choose not to pay.

Walmart probably has the option to initiate a civil action against you. However, assume that the legal fees and attorney fees for filing an action would cost Walmart $5,000. The store would likely not pursue a civil claim since it would cost it $5,000 to only recoup $300 from the shoplifting incident.

Depending on the facts of your case and the laws of the county you live in, a retailer may have the option to file a case against you in small claims court if you ignore a demand letter.

A small claims action is usually less expensive than filing a case in a state superior court. A result is that a retailer may be more prone to take action against you for refusing to pay a rightful demand if a small claims action is available.

3. If you pay, can you still face criminal prosecution?

Usually, yes. A prosecutor can still file criminal charges against you if you pay a store money in response to a civil demand letter. This is true even if you pay the full amount.

Note that many demand letters include language that says a store will not press charges if you pay up.

But keep in mind that a store does not have the final call on whether or not you will face a criminal case for shoplifting. That decision is left up to police officers and prosecutors.

A result is that it is quite possible for the state to bring shoplifting charges against you even if you pay a store’s demand.

The criminal laws of most states say that shoplifting is typically a misdemeanor offense. The crime is punishable by:

• jail time, and/or
• fines.²

4. How do I fight a shoplifting charge?

Here at Shouse Law Group, I have represented literally thousands of people charged with shoplifting. In my experience, the most effective defense is that you had no intent to steal.

Perhaps you were preoccupied and walked out of the store having forgotten to pay. This is common when shoppers are on the phone, fatigued, or wrangling young children.

For you to be convicted of shoplifting, prosecutors have to prove beyond a reasonable doubt that you intended to steal. This is a very high bar, and there is no definitive way for the D.A. to show what was going on in your head.

Note that in many cases, prosecutors may offer to dismiss your case altogether if you successfully complete a pretrial diversion program. This typically involves:

• taking an online class,
• paying a fine and restitution, and
• perhaps completing community service.