I recieved a Civil Demand Letter for trying to return an item at Target. I was then told that the item was taken from the rack, and then returned so they're trying to say I was shoplifting. Target recieved all the money from the return, and I was still arrested. In a panic I called them the law firm the letter came from, however, doing research lawyers are saying not to pay it. The law firm said they would follow up with me for payment, however, I did not answer. They spelt my name wrong on the letter, and from what I know they have my birth date wrong as well. I am already going to criminal court, and am worried that this will affect my credit. Do I have to pay because I talked to them? What should I do?
First and foremost - if this happened in California, please only seek guidance from an attorney licensed in California. California law and rules will apply here and the law from another state may be different.
If you were arrested and cited with a court date in criminal court, discuss this whole situation with your lawyer. From what you wrote, I do not know how they think they can prosecute you for theft if the item was returned and not removed from the store. You may have an absolute defense to this, but your lawyer will need to examine everything.
Regarding the civil demand letter... The general consensus is to ignore the civil demand letters as they are all bark an no bite. If you ignore them, they have to make a choice - sue you in small claims (where lawyers are not allowed) or let it go. I have yet to hear of anyone actually being sued for not paying a civil demand letter.
If you have engaged in conversation with them and said anything that can be construed as a promise to pay, it *may* change things. Discuss the details with your attorney and follow their advice.
I typically advise clients not to pay them---since they are not really due unless there is a civil judgment entered against you. It has no impact on whether or not criminal charges are filed in the case. I think some people believe that if they pay, the charges will not be filed and if they don't pay, it will cause charges to be filed. That is not the case.
