Individuals may receive a theft demand letter in Texas if they are suspected of having stolen property from a store. Receiving a demand letter for alleged theft can feel incredibly overwhelming, especially if you do not know what your rights are or what you should do next. That is why it is strongly recommended that you hire a shoplifting attorney to represent you before you decide what to do next.
If you have been accused of shoplifting and have received a civil demand letter, you need to hire a criminal lawyer in Brazoria County, Texas. At The Law Offices of Keith G. Allen, PLLC, we are committed to providing our clients with the best legal representation possible, no matter the allegations.
Before we discuss how to respond to a theft letter, what exactly is a civil recovery letter for shoplifting in Texas? Generally speaking, a civil demand letter is a written request directly from a store or from its law firm. The contents of the letter usually request that the alleged shoplifter pay money to the store after the alleged theft.
Keep in mind that you may receive a civil demand letter even if the merchandise was recovered by the store. This can be the case if the store claims that it lost additional money if extra costs were linked to the offense. Additionally, employees may receive this letter if they are accused of employee theft in Texas.
It is possible to receive a theft demand letter in Texas even if the police were not called and criminal charges were not filed. Usually, stores will resort to a civil demand letter simply because they do not want to go through the time or expense of going to court.
The important thing to understand is that receiving a theft demand letter in Texas does not mean you are going to go to jail or will receive criminal charges. The store can pursue civil action if you do not pay the money they are asking for, but they cannot directly punish you for the alleged offense.
One thing to note about receiving a theft demand letter is that this could be sent all on its own without any criminal charges, or the store may send it even if there is a criminal case. Stores have the right to send a civil demand letter, whether or not they filed any charges. However, paying the money the store is asking for does not stop criminal prosecution if there is currently a criminal case.
Also, it is important to understand your rights if a store sends you a civil demand letter for alleged theft. Remember, this is simply a request, so you are not legally required to pay the money the store is requesting. If you refuse to pay, the store does have the right to take you to court, but this is usually dependent on how much money they are asking for.
After receiving a demand letter for theft, the very first thing you should do is seek legal representation. A criminal defense attorney will have experience with these types of situations and can help you better understand what your options are. They can also inform you of your rights so that you can make a confident decision when moving forward.
Here are some examples of how you can respond to a theft-related demand letter from a store or law firm:
You should discuss these options with your attorney to determine the best course of action. Keep in mind that paying the money will often be seen as an admission of guilt and is not necessarily a guarantee that the store will not pursue further action.
How you respond to a civil demand letter will be dependent on the situation and whether or not the offense actually occurred. However, no matter the circumstances, there are certain things you should not do if you have received one of these letters.
The first thing you should not do is simply ignore the letter. Ignoring the letter will not make it go away and could result in the store pursuing criminal charges.
If you decide to contact the store to discuss or dispute the alleged offense, you should never admit guilt. This applies to whether you are writing a letter, emailing, or talking on the phone.
If you have received a theft accusation letter, you may not know what to do next or what your legal options are. If this is the case, it is essential that you understand your rights and seek the legal representation of a Brazoria County criminal defense attorney. At The Law Offices of Keith G. Allen, PLLC, we have extensive experience handling criminal defense cases across Texas. If you are looking for compassionate and experienced legal representation, contact us today at 832-230-0075 for a free consultation.
No, a demand letter is not legally enforceable; it is simply a request. But you may face criminal charges if the store decides to pursue further action.
Not necessarily. Depending on the amount of money being requested, the store may choose to simply give up if you refuse to pay. That being said, the store does have the right to pursue criminal charges, even if you pay the money that is being requested.
This will depend on the circumstances and whether or not the store has any proof that you committed the crime. Before paying, you should always discuss this with your criminal defense attorney to better understand your options.