Is paying PalmerPay a waste of money?

Criminal Defense 3 views 2 answers
I got a letter from Palmer pay because my friend and I shoplifted a phone charger from kmart in fort lauderdale. I am on probatiion in alachua county and it's really worrying me that they're calling me at 10 at night from an automated machine telling me I missed the payment thing and that it is 'urgent to make a payment now.' So I put money on a refillable visa card, but I dont know whether to waste it on this now after reading your advice to others harrassed for money from PalmerPay. i just need some help. What do i do?

Attorney Answers

2
Garry Potts ·
The Palmer law firm has been hired by the retail store that you are accused of shoplifting from. Florida law allows the store to sue shoplifters for civil theft, in addition to any criminal charges brought by the State Attorney for the theft. If you are sued for civil theft and lose the damages amount that the court can order you to pay could be significant, including three times the loss incurred by the store, significant attorney's fees and costs. There are many testimonials on the internet and some magazine articles which claim that these lawsuits are rarely filed, even if the accused does not pay. However, the only way to be certain that they will not file a civil theft lawsuit against you is to settle with them ahead of time and pay the settlement amount. Some people refuse to settle and pay, preferring to take the risk that they could be sued; others enjoy the peace of mind of paying and getting a release from a future lawsuit. If you have agreed to pay them it would be important if you signed any agreements with them, such as a promise to pay. In that case, if you stop making payments, they could sue you in small claims court for the amount specified in the agreement, as well as costs and possibly attorney's fees. A small claims suit is much cheaper and easier for them to bring than the original civil theft lawsuit would be. This is why it is important to consult with an attorney whenever you receive a demand for payment like that and never sign any settlement agreement before having it reviewed by an attorney.
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Thomas Klemens AlmquistCriminal Defense AttorneyGainesville, FL ·
The part I'm not clear on from your question is whether you are on probation for the shoplifting, or whether that shoplifting is potentially a new crime that could violate your probation. If it's the first one, then their suing you should not violate your probation. If it's a potential new crime, then it definitely could violate your probation and that is a serious concern you need to talk to a lawyer about. Also, another concern you may have is whether you have enough money to pay both your probation costs and and Palmer. In general I advise clients to pay probation first. But again, that is something to consult with an attorney about.
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