FAQs

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What is the difference between Civil Demand and Civil Restitution?

Why do I have to pay a civil demand penalty when the merchandise has been recovered?

Will I receive the merchandise once the civil penalty is paid?

How was the amount of the civil penalty calculated?

If I pay for the civil penalty, do I still have to go to criminal court?

If I paid at the store, why did I receive a letter?

What if my payment is declined on the web site?

How can I confirm that my payment has been received by your office?

Will I receive notification that my case has been paid in full?

Who is responsible to pay the fine if the shoplifter is a minor?

If I have an attorney representing me, what do I need to do?

What if I was a victim of identity theft and am not aware or responsible for this incident?


What is the difference between Civil Demand and Civil Restitution?
Civil Demand is a penalty fee (tort claim not a debt) that pertains specifically to theft (or attempted theft) of merchandise whether by a shoplifter or an employee.

Civil Restitution requires individuals to pay back the value of the goods or monies stolen as agreed to when the subject signed a promissory note.

Why do I have to pay a civil demand penalty when the merchandise has been recovered?
Retailers incur significant expenses related to theft, even when the merchandise is recovered by the merchant. These expenses include security equipment as well as the security personnel’s time spent to detect and prevent shoplifting. Civil Recovery laws were enacted to provide the retailer with reimbursement for such expenses. In addition, these penalty fees are intended to serve as a deterrent against shoplifting as well as a punishment for the act.

Will I receive the merchandise once the civil penalty is paid?
No. The civil penalty is a fee to compensate the merchant for expenses incurred due to the theft, not to pay for the specific merchandise stolen. Therefore, the subject is not entitled to receive the product that was attempted to be stolen.

How was the amount of the civil penalty calculated?
Each state has passed specific guidelines that determine the amount of the penalty. Some statutes do consider the retail value of the merchandise into the formula, while others states allow for retailer discretion. The amount demanded on the letter is a settlement offer on behalf of our client based upon the state guidelines. The applicable statute number is provided on the letter.

If I pay for the civil penalty, do I still have to go to criminal court?
Yes, the civil penalty is a separate issue from any criminal case that may be pending. At the time of the apprehension, the retailer has the right to decide to criminally prosecute a shoplifter, which will result in the criminal case being handled by the local courts or state attorneys. Our law firm is only handling the civil issue and therefore do not have any control or information about any criminal proceedings.

If I paid at the store, why did I receive a letter?
If you made partial or complete payment of your fine at the store, please contact our office (toll free 1-866-768-0844) or mail us proof of payment. It is possible that this information has not yet been communicated to our office. We will promptly contact our client and verify the correct balance of your case.

What if my payment is declined on the web site?
If your credit card is declined, you may try another form of payment such as a different credit card or eCheck. You may also call our office (toll free 1-866-768-0844) to speak with a representative who will promptly process your payment.

How can I confirm that my payment has been received by your office?
In order to confirm payment receipt or the current balance of your case, please feel free to call our office (toll free 1-866-768-0844) during our normal business hours, Monday through Friday, 8:00 AM to 11:00 PM Eastern Standard Time and Saturdays from 10:00 AM to 7:00 PM Eastern Standard Time.

Will I receive notification that my case has been paid in full?
Once the fine has been paid in full, a release letter will be automatically mailed out in states where required by the statute guidelines-- Arkansas, Florida, Mississippi, New Jersey, Pennsylvania, Rhode Island and District of Columbia. In all of other states where this is not a requirement, you must request a release by mail or by calling our office (toll free 1-866-768-0844).

Who is responsible to pay the fine if the shoplifter is a minor?
Most state laws recognize anyone under the age of 18 years old as a minor. Provided that the minor has not been emancipated, the parent or guardian is responsible for the minor’s actions and in turn, the civil penalty sustained based upon their theft. If there is joint custody for the minor, the division of payment responsibility must be worked out between the parents. All correspondence will be directed to the contact information provided at the time of apprehension.

If I have an attorney representing me, what do I need to do?
We will gladly speak to your attorney regarding your case. Please advise your attorney to mail or fax a letter of representation to our office. The letter must be on the attorney’s letterhead and contain your name, case number and your position regarding this civil matter.

What if I was a victim of identity theft and am not aware or responsible for this incident?
If you do not believe you are the person responsible for the civil penalty, please notify our office as soon as possible so we can investigate the matter further.