The “Cost” of Theft: Civil Recovery

July 5, 2012 by feldmanandlee 1 Comment

When someone in WA state is accused of shoplifting, they are usually given a “civil demand” letter.  This is usually done in the store’s back office, which is typically cramped and uncomfortable.  Usually the police have not showed up, no witness statements have been given, no real chance for the suspect to give their side of the story.  The loss prevention officers have already found you guilty and are treating you that way.  They then tell you that the police have been called, and push a civil demand letter in front of you stating that you are going to owe them big (or a collections law firm, which we will get to)

There is definitely a debate to the fairness of the civil demand.  I will give a brief overview of how theft works in both the criminal and civil sides to see how these things interact.

Criminal Side: The Law (RCW here)

In order to prove theft, the prosecutor must prove **GENERALLY** that you took possession or exerted unauthorized authority over the property of another with the intent to deprive someone of that property.  So, hypothetically, you take a can of coke at the grocery store, put it in your pocket, walk down the aisle, decide you don’t want the coke anymore/forget about it/have second thoughts about stealing it (prosecutor’s obvious opinion), and still be busted for shoplifting.  I am not saying that hypothetical happens very often, but it certainly can based on the definition of stealing.  Most of the time, someone is caught “red handed”, and the police are called.  Even if you are never criminally charged, or even have the case dismissed/thrown out, you still have to deal with the civil side…

Civil Side: The Law (RCW here)

Basically any store can charge you up to $650 + the cost of the item(s) stolen, even assuming that the items are undamaged/resellable/returned to stock, etc.  Theoretically, if you fail to pay the civil demand these large corporations, or attorneys in charge of the civil collection can sue you.  Don’t pay back the civil demand until you speak with a lawyer.  These threatening civil demand letters are just a form of intimidation.  Don’t get scared into paying them back.  Again, consult an attorney first.  You might end up paying it back, but doing so without first consulting an attorney would be a huge mistake.  Even assuming the company takes the enormous step to actually sue you, that process takes many months and rarely happens.

Even though this article was written in 2008, it is still true today.  It will give you a more general overview of civil demand laws across the US.  It is important to note that some of the law offices cited in the article (Palmer, Reifler, & Associates, as well as Law Office of Neal Tenen), do handle the civil collection for MANY WA state companies.

Compromise of Misdemeanor (RCW here)

Paying back the civil demand can be a positive to your criminal case.  WA state has a compromise of misdemeanor statute, which basically states that if the victim is willing to admit they have been financially satisfied for their loss (the $650 in the letter), they will agree to allow the prosecution to dismiss the case (after paying nominal court fees of course).  This gets a theft conviction dismissed without ever having to admit guilt to it.  There will be a waiting period to get is completely erased from your record, but at least it shows up on your record as a dismissal.  Prosecutors do have the power to object to the compromise, and the judge could deny it.  That situation is rare, and should be the last thing on your mind.

As with most situations, getting a skilled attorney on your case right away is the best thing you can do.  Feldman & Lee can help you today!