This is what is called a Civil Demand letter. See http://online.wsj.com/article/SB120347031996578719.html
There is a law in most states, including Wisconsin, which allows for civil action collection when there is a retail theft. Most people choose to ignore the demand. They get a few more letters, each time asking for more, and then they stop. While the retailer can sue you, I have never heard of anyone actually getting sued. You do not owe any money unless you are sued and the retailer wins. This is a common ploy. Do not pay. If you do, you will be in a database which could affect your ability to get a job and could impact your life in other ways. If you are uncomfortable, have your lawyer write a letter. That should be the end of it. (copied from Atty. Judy A Goldstein’s post but it is my opinion as well) http://www.attorneyqna.com/attorneys/60448-il-judy-goldstein-1137006.html?
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Mark Anthony RaimondoCriminal Defense AttorneyBakersfield, CA ·
A company cannot charge anyone with a crime. However, they can forward the case on to the da. Not scanning a $10 item may seem very petty, but you never know what a da's office might do. A company can ask restitution for their actual loss plus any expenses including investigation and their legal fee. I would suggest you have some attorney prepare a letter perhaps to reach an agreement to lower the amount requested, or at a minimum to protect your son from any admission should he decide to paying the amount requested.
This firm represents just about every big store in the nation for collection of CIVIL claims. Usually they send a letter after a person is cited or arrested for a theft offense. It is like a reshelving fee and is permissible in California. If your son does not pay they always threaten to litigate and possibly affect one's credit rating. I always tell my clients to ignore it because it has nothing to do with a criminal charge. When a client gets antsey and wants to pay it I usually contact them and they always reduce the amount they ask for in their initial letter. Your case is a little different than most because it appears to have no connection to a criminal case which is odd. Are you sure your son was not cited and terminated for a theft related offense? If so the DA may get involved. If so, some of these big stores(though not many) will agree to treat the payment as a "civil compromise" per Penal Code sections 11377 and 1378 which allow the judge to dismiss the criminal action if the victim says they are satisfied. The DA usually objects.SJP
I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it. Take a look at an article in the Wall Street Journal at the link provided below.
