Shoplifting at Walmart, Letter of Demand from out of state Attorney

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mom

Jonesboro, AR

#1 Sep 2, 2011
Ok, so my daughter was with a guy that was caught shoplifting at Walmart. Because she was with him, she was arrested too.

We went to court, she paid the fine, is doing her community service, etc (and dumped the guy)

So now a month or so later, she gets a letter from The Law Office of Michael Ira Asen, PC from Port Washington NY. Demanding $200

it reads as follows.......
Dear Jane
Our records indicate that you are deliquent in payment regarding hte shoplifting incident on DATE when you were detained at Walmart Stores Inc. If you have arranged for a payment schedule, please make certian that you send your payments timely each month. No reminders are sent so it is your responsibility to make your monthly payments as mutually agreed upon.

We have either received a partial payment or no payment, leaving a total balance due of $200.00. To date we have not received full payment. Your failure to pay this amount may cause WM to proceed w/ legal action, wherein you may beheld responsible for additional cost. If there is a judicial determination that you are responsible and the judgement is not paid, it may adversely impact on your credit rating.

These demand are made pursuant to AR code Annotiated 16-122-101- 16-122-103

please make your payment of $200 to - their address

acceptable forms of payments include cash, money order, certified check, personal check all major credit cards. If you have any questions or would like to pay by either cc or ck, please visit our website at www.recoverypay.com or call 123847193847 Please note there is a processing fee when paying by ck or cc over the phone or on the website.

Thank you for your immediate response to this civil claim, so that no further action is necessary.

OK........so is this a scam? This seems just stupid to me, we paid fine thru court, etc.

and please don't beat me up over all of the typo's or that my daughter was arrested for shoplifting.

Just wondering if anyone else has heard of this.
Scam

United States

#2 Sep 2, 2011
Sounds like a scam to me. Actually , I'm almost certain it is. I wouldn't send them a dime and I sure wouldn't give them a CC number or my checking acct info.. If you owed , you would have been informed by the judge.
Tell you what do , have them get in touch with your attorney regarding making payment. If you don't have an attorney , advise them the payment has to go thru the presiding judge. I bet they'll disappear.

Good Luck

“the hammer”

Since: Oct 08

n a

#3 Sep 2, 2011
Well sounds to me like a scam,,i would take it to a lawyer for validation,,,,

And sounds to me like she needs to look for a man that works for a living,,,just saying

“truth is a three edged sword”

Since: Jan 11

Babylon 5, Epsilon Eridani

#4 Sep 2, 2011
I did a little web search and it looks like a valid letter. if you are going to call them, get the phone number from online or directory assistance.

as long as the fine was paid and any lawyer fees paid, you don't owe a dime - make sure you have all receipts. You may also want to give the court or whoever you paid the fines to a call before dealing with this law firm.
Seems Scammy

Dallas, TX

#5 Sep 2, 2011
Did the court order restitution in that amount to be paid to Wal-Mart? Did you look up the relevant code that was cited to see what it said?

Type up a nice letter, and ask them to provide you with proof of such a debt being in existence, and how it is that the daughter is contractually obligated. Ask them exactly who it is they are representing here, and for proof of that, i.e., the contract that exists between them and the other party. This should get their attention, and they'll go away.
mom

Jonesboro, AR

#6 Sep 2, 2011
Thank you all for the info. Much appreciated
really

Jonesboro, AR

#7 Sep 2, 2011
Take it to a lawyer not topix you stupid shit
Guest

Jonesboro, AR

#8 Sep 2, 2011
16-122-102.Written demand required ó Amount of damages.

(a)Under the provisions of this subchapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult or emancipated minor, or one hundred dollars ($100) for an unemancipated minor, to the last known address of the adult, emancipated minor, employee, or parent or legal guardian of the unemancipated minor in question.

(b)If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft.

(c)(1)If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court.

(2)In an action brought under this subsection, the owner or seller may recover the following:

(A)(i)Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned; or

(ii)If the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise; and

(B)A civil penalty of:

(i)Up to one thousand dollars ($1,000) for an adult or emancipated minor; and

(ii)Up to five hundred dollars ($500) for an unemancipated minor; plus

(C)Court costs; and

(D)A reasonable attorney's fee.

“the hammer”

Since: Oct 08

n a

#9 Sep 2, 2011
really wrote:
Take it to a lawyer not topix you stupid shit
I think all post had advised her of that!!!!!! u dip shat!!!!!

Since: Jul 08

Location hidden

#10 Sep 2, 2011
Why do I have to pay a civil demand penalty when the merchandise has been recovered?

Retailers incur significant expenses related to theft, even when the merchandise is recovered by the merchant. These expenses include security equipment as well as the security personnelís time spent to detect and prevent shoplifting. Civil Recovery laws were enacted to provide the retailer with reimbursement for such expenses. In addition, these penalty fees are intended to serve as a deterrent against shoplifting as well as a punishment for the act.
Scam

United States

#11 Sep 2, 2011
Very interesting and logical , too. Never heard of such a thing myself but then again I've never been in trouble for shoplifting.
I would still consult an attorney before I paid.

“truth is a three edged sword”

Since: Jan 11

Babylon 5, Epsilon Eridani

#12 Sep 2, 2011
"or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) "

to me that says the penalty only applies if the merchandise was not returned.

what is interesting is there is nothing in the letter saying they are the legal representative of the store where the shoplifting took place.
typical

Little Rock, AR

#13 Sep 2, 2011
Another example of trash raising their brats to be even trashier and packing with pure trash then everybody whining when they get caught and punished for breaking the law, costing the rest of us taxpayers $$$ in higher prices and more taxes for law enforcement, etc. Screw you. Pay what you owe and STFU.
knows for sure

Blytheville, AR

#14 Sep 2, 2011
mom wrote:
Ok, so my daughter was with a guy that was caught shoplifting at Walmart. Because she was with him, she was arrested too.

We went to court, she paid the fine, is doing her community service, etc (and dumped the guy)

So now a month or so later, she gets a letter from The Law Office of Michael Ira Asen, PC from Port Washington NY. Demanding $200

it reads as follows.......
Dear Jane
Our records indicate that you are deliquent in payment regarding hte shoplifting incident on DATE when you were detained at Walmart Stores Inc. If you have arranged for a payment schedule, please make certian that you send your payments timely each month. No reminders are sent so it is your responsibility to make your monthly payments as mutually agreed upon.

We have either received a partial payment or no payment, leaving a total balance due of $200.00. To date we have not received full payment. Your failure to pay this amount may cause WM to proceed w/ legal action, wherein you may beheld responsible for additional cost. If there is a judicial determination that you are responsible and the judgement is not paid, it may adversely impact on your credit rating.

These demand are made pursuant to AR code Annotiated 16-122-101- 16-122-103

please make your payment of $200 to - their address

acceptable forms of payments include cash, money order, certified check, personal check all major credit cards. If you have any questions or would like to pay by either cc or ck, please visit our website at www.recoverypay.com or call 123847193847 Please note there is a processing fee when paying by ck or cc over the phone or on the website.

Thank you for your immediate response to this civil claim, so that no further action is necessary.

OK........so is this a scam? This seems just stupid to me, we paid fine thru court, etc.

and please don't beat me up over all of the typo's or that my daughter was arrested for shoplifting.

Just wondering if anyone else has heard of this.
This is not a scam. Its is a civil thing. Basically Arkansas followed a few other states where a merchant can sue u for a certain amt for adult & a smaller amt for juvenilles. The way the state sees it the merchants should not have to pay
for someone to catch shoplifters. You will have to end up paying!! Wait & see!! I hope your daughter learned her lesson !
mom

Jonesboro, AR

#15 Sep 2, 2011
really wrote:
Take it to a lawyer not topix you stupid shit
Sorry that you feel so compelled to post this, but is this not what topix is for?
mom

Jonesboro, AR

#16 Sep 2, 2011
knows for sure wrote:
<quoted text>This is not a scam. Its is a civil thing. Basically Arkansas followed a few other states where a merchant can sue u for a certain amt for adult & a smaller amt for juvenilles. The way the state sees it the merchants should not have to pay
for someone to catch shoplifters. You will have to end up paying!! Wait & see!! I hope your daughter learned her lesson !
She did. And thank you.

“truth is a three edged sword”

Since: Jan 11

Babylon 5, Epsilon Eridani

#17 Sep 2, 2011
mom wrote:
<quoted text>
Sorry that you feel so compelled to post this, but is this not what topix is for?
unfortunately this is not what topix is for. All anyone can do here is give opinions and you know what opinions are worth. If you feel you do not owe this, then you will have to see a lawyer to get expert advice.

at one time kait had a ask a lawyer feature on their website. Maybe check there or one of the other online sources where you can get free legal advise.
mom

Jonesboro, AR

#18 Sep 2, 2011
typical wrote:
Another example of trash raising their brats to be even trashier and packing with pure trash then everybody whining when they get caught and punished for breaking the law, costing the rest of us taxpayers $$$ in higher prices and more taxes for law enforcement, etc. Screw you. Pay what you owe and STFU.
How does my post make you assume we are trash?

You do have a good point and I'm incline to agree with you regarding costing tax payers more money.

I do not live off of anyone & have been gainfully employed for over 25 years. Most of those years were as a single mom.
mom

Jonesboro, AR

#20 Sep 2, 2011
my truths wrote:
<quoted text>unfortunately this is not what topix is for. All anyone can do here is give opinions and you know what opinions are worth. If you feel you do not owe this, then you will have to see a lawyer to get expert advice.

at one time kait had a ask a lawyer feature on their website. Maybe check there or one of the other online sources where you can get free legal advise.
Then please explain to me what topix is for? Armchair detective?

I was only seeking opinions.

Kait ask the expert? No, I will check this with a real attorney.

I mean NO disrespect. Honestly.
just saying

Trumann, AR

#21 Sep 2, 2011
mom wrote:
<quoted text>
Then please explain to me what topix is for? Armchair detective?
I was only seeking opinions.
Kait ask the expert? No, I will check this with a real attorney.
I mean NO disrespect. Honestly.
looks like you do mean to disrespect anyone and everyone in this thread. You seemed like a stupid jerk. Of course you say your daughter was not involved. Just like any mother with blinders who cannot see that her daughter is nothing but a ho who shoplifts then lies.

Can you NOT understand what you read. I wonder if your story is really true - especially when you also get disrespectful every time someone suggested you see a lawyer.

now you can go back to the bar and earn your spending money.

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