I was caught shoplifting at Kohls and later on was sent a civil claim for "intentionally depriving Kohls of merchandise." I'm a full time student and have no money to pay for the civil claim of 325. They gave me 30 days to handle the matter or "they may take further effort to enforce [their] rights under this law." The California Penal Code 490.5. Would you recommend talking to them to see if I can make payments? Or will anything happen to me if I don't pay?
If you ignore them, they will most likely go away. If you contact them in any way, they'll know there's "a live one" on the other end and they'll keep hounding you.
Most of these letters are sent by law firms that work on a commission basis. They get about a third of what they collect and the rest goes to the store. Expenses, like printing and postage, come out of the lawyers' cut, so they will quit wasting stamps if you don't respond by the second or third letter.
I have NEVER heard of anyone being sued under this statute. Palmer, Reifler and Associates, one of the biggest players in the civil demand racket, sends out 1,500,000 letters a year and files "fewer than ten" lawsuits nationwide... and I suspect the number is closer to zero than ten.
They are careful not to say "we're going to sue you" because they could get into big trouble for making threats if they don't intend to follow through. That's why they use weasel words like the language you quoted.
See my legal guide, below, for more info.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
That civil demand letter has nothing to do with any possible criminal charges being filed against you. If you pay it, it just means they can't sue you in small claims (not that they would anyway). If you ignore their demand letter, they have to make a decision - sue you or let it go. The odds are overwhelmingly in your favor that they won't sue, since the merchandise was likely recovered and put back on the shelf, making their damages $0. Even if they were to sue and win the amount the would be entitled to would likely be far less than the $325 they're asking for.
If there is a criminal case involved as well and not just a civil demand letter, discuss this with an attorney.
