Should I Pay a Civil Demand Letter for Shoplifting?: What You Need to Know

Legally, you are not compelled to pay a civil demand letter. However, some particular factors help decide this case whether or not. For the most part, they will ask for compensation to cover the costs of the stolen goods or any other losses that occurred as a result of the incident and often threaten with legal actions should they be ignored. However, most people solve the issue through negotiation to avoid the legal consequences and the costs that come after. It is important to talk to the legal professional before taking any action, which in turn will guide you on the route that is suitable for you by your unique case and let you evaluate the possible consequences of your move.

• What Is a Civil Demand Letter?
  
• Why Retailers Send Civil Demand Letters
  
• Should You Pay the Civil Demand Letter?
  
• If You Pay, There Still Can Be Legal Consequences
  
• Charges For Shoplifting in Texas
  
• Legal Action
  
• FAQs and Additional Resources
  
• Conclusion

What Is a Civil Demand Letter?

A civil demand letter is a letter communicated on behalf of the retailer or their solicitor to the person they suspect stealing from their store. This is usually accompanied by proof, like video footage or stories about witnesses. It aims to show that a person made attempts to steal goods without paying for them.


The reason for this letter is to ask for payment for any damage or loss of documents that resulted from the shoplifting. Legally speaking, these letters are based on the concept of restitution, aiming to compensate the retailer for the perceived loss. They often come with a short deadline, adding a layer of urgency and pressure to settle the matter swiftly.

Civil demand letters are a contentious post-shoplifting event. Once theft is detected, many retailers choose to send these letters, citing a demand for payment to avoid further legal action.

When you're accused of shoplifting, the shock of being caught can be compounded by the arrival of a civil demand letter. These letters, often seeking several hundred dollars, are intended to recover damages, alongside the potential criminal consequences. They can be alarming and, at a glance, seemingly straightforward. However, understanding the full scope of these demands is crucial before taking any action.

Why Retailers Send Civil Demand Letters

For retailers, the decision to send a civil demand letter is a mix of financial and deterrent strategies. It's usually a calculated move — the cost of sending the letter and potentially settling out of court is vastly less than the potential expense involved in pursuing a criminal case or civil lawsuit. Additionally, it serves as a deterrent, hoping that the threat of letter demands payment, will dissuade the individual from future theft or alert others to the consequences.

Should You Pay the Civil Demand Letter?

Legally, there is no obligation to fulfill the payment requested in a civil demand letter. Declining to pay the civil demand letter or ignoring it doesn't necessarily mean you are on a collision course with the law, but it does raise the stakes of what might happen next.


If you stole a small amount, it is not worth paying, because the amount of time and resources that are required for the retailer to pursue a lawsuit may not be worth it. However, if you are caught shoplifting a higher amount or have a history of theft, it may be in your best interest to consider paying the demand. This can potentially reduce the likelihood of criminal charges being filed against you.

If You Pay, There Still Can Be Legal Consequences

By refusing to pay, you are risking a civil lawsuit. If the retailer chooses to sue, the case would most likely focus on the value of the items stolen and any additional actionable misconduct.

However, even if you pay the civil demand, it doesn't necessarily mean the retailer will not be pursuing criminal charges or civil demands against you. Criminal prosecution and taking you to the small claims court is still possible, and paying the civil demand does not guarantee immunity from legal action.

If a retailer decides to pursue civil action, the scope of recovery can potentially include several elements.

• the value of the merchandise if it was not returned in a sellable condition.
• Damages for the time and resources spent on the investigation and pursuit of the case, as well as legal fees and court costs.
• Punitive damages could also be included in the civil lawsuit, which is intended to punish the offender and serve as a deterrent for future offenses.

Related: What Happens When a Criminal Complaint is Filed Against You?

Charges For Shoplifting in Texas

In Texas, shoplifting is typically charged as theft under the Texas Penal Code. The severity of the charge and potential penalties depend on the value of the stolen property.

• Class B Misdemeanor
• Theft of property valued at $50 or less is a Class C misdemeanor, punishable by a fine of up to $500.
• Theft of property valued between $2,500 and up to $4000
• Can result in up to 180 days in jail.

• Class A Misdemeanor
• Occurs when the value of the stolen property is $750 or more but less than $2,500.
• Punishable by a fine of up to $4,000.
• Can result in up to 180 days in jail.

• State Jail Felony
• Applicable when the property value is more than $2,500 but less than $30,000.
• Carries a fine of up to $10,000.
• Penalties include 180 days to two years in state jail.

• Third-Degree Felony
• Charged when the value of stolen property exceeds $30,000 but is less than $150,000.
• Punishable by a fine of up to $10,000.
• Offenders could face two to ten years in prison.

• Second-Degree Felony
• When the stolen property's value is more than $150,000 but less than $300,000.
• Comes with a fine of up to $10,000.
• Imprisonment can range from two to twenty years.

• First-Degree Felony
• Charged for property values exceeding $300,000.
• Punishable by a fine of up to $10,000.
• Convicts may face five to ninety-nine years in prison.

You can also read: What Is Considered Petty Theft and How Is It Defined in Texas?

The best option may be to seek legal advice from a theft lawyer. They can put forward under the law your situation, advise you on your rights, and defend you in case the problem will be solved in the courtroom. Preparing civil demand letters, that may involve the retailer's lawyers or law firm if a response on your part is indeed required, may be a difficult thing to do. It requires a balance between protecting yourself legally and the potential economic fallout from not complying.

Legal Action

Responding to a theft charge by taking legal action mainly involves several critical criteria, their expanse is different according to the nature of the theft, what has been stolen, and the criminal record of the person. First of all, the involvement of an experienced criminal defense lawyer has to be considered a priority. With the assistance of an experienced attorney, you can face the complexities of the criminal justice system, weaken the piece of evidence against you, and negotiate a lesser charge or penalty.

FAQs and Additional Resources

Below are some common questions you might have when dealing with a civil demand letter for shoplifting:

Conclusion

The choice of paying a civil demand letter in a shoplifting case is complicated, it has financial, legal, and moral issues included in it. Every person is a unique story and being aware of your rights and the possibility of the outcomes is a must. Seeking legal advice is not merely advice; it is often an important factor to take into consideration when making a decision. At the end of the day, it’s about finding a solution that you can live with. It applies not only to the present but also to the days to come. It is a critical point, so caution and comprehension are important keys for you to avoid future burdens.

The Law Office of Rolando Cantu is committed to assisting the people who need to resolve issues of civil demand letters, subpoenas, and other criminal cases. Our office has been in the criminal defense field for a long time and our team is knowledgeable enough to offer you confidence and guidance. We welcome you to set up a consultation if you have any other questions or doubts on your case.