Legal Question in Criminal Law in Michigan

I received a letter from a Law Office, a 'formal demand' to pay $200 to their store. I committed retail fraud in the 3rd degree. The letter however says,

"this is a formal demand for return of the property involved, if applicable, and the payment of the amounts indicated above, equaling the amount of $200. If you return any unrecovered property and pay the amounts indicated about to us within 30 days after the date of this notice was mailed the stay will not take any further civil actions against you."

I've never been in trouble before, but this store has all property from me the day I took it, and nothing was damaged.(about in a checked box it says, pay us civil damages) So, I would like to know if I need to actually pay this, or what would happen? please help :(


Asked on 7/22/11, 9:20 am

4 Answers from Attorneys

They are asking for civil damages. Your attorney can help you decide whether to agree or contest this. You can read more about this at:

www.AggressiveCriminalDefense.com

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Answered on 7/22/11, 9:36 am
Timothy Klisz Klisz Law Office, PLLC

If you don't pay, they can sue you in civil court and collect attorney fees as well. Tim Klisz. Kliszlaw.com

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Answered on 7/22/11, 9:42 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

There is a "civil recovery fee" authorized by statute that lets stores obtain a modest amount of money (10 times the amount of the items stolen up to a total of $200) ostensibly to cover costs of handling shoplifters, investigations, restocking items, etc. It is NOT a substitute for criminal prosecution (so if you pay this you can still be prosecuted), and is NOT a credit toward any criminal restitution ordered by the judge. If the product was recovered and undamaged (meaning it was not taken out its packaging, and it could be put back on the shelf and no one would know the difference), then there likely would not be any criminal restitution owed. But the store can still seek this civil recovery fee. ~~ It's all part of the costs of doing crime.

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Answered on 7/22/11, 10:32 am


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