Why Did I Get a Civil Demand Letter After Shoplifting?

For many people, one of the most confusing aspects of a shoplifting incident is the arrival of a civil demand letter in the mail days or weeks later. Even if the merchandise was recovered or no criminal charges were filed, these letters often demand payment of a civil recovery fee. Understanding why you received this letter, and what it means is essential. 

What Is a Civil Demand Letter?

A civil demand letter is a formal notice sent by a retailer or their attorneys that seeks financial recovery after a shoplifting incident. Unlike criminal prosecution, which involves law enforcement and the courts, a civil demand letter is part of a separate civil process authorized by state law.

The letter usually outlines:

• The alleged incident of shoplifting
• The legal basis for the demand
• The amount of money being requested
• A deadline for payment

Why Did You Receive It?

There are several reasons why a retailer may send a civil demand letter:

1. Legal Right: State statutes allow retailers to pursue offenders for damages, regardless of whether criminal charges were filed.
2. Recovered Merchandise Doesn’t Cancel Liability: Even if the item was returned, retailers may still demand payment for the costs associated with the incident.
3. Deterrence: Civil recovery is intended to discourage repeat offenses by showing that theft has serious financial consequences.

Addressing Common Misconceptions

• “I wasn’t arrested, so how can they demand money?” 
  Civil recovery is separate from criminal law. An arrest is not required for a retailer to pursue civil damages.
• “They got the merchandise back, so I shouldn’t owe anything.” 
  Theft creates costs beyond the value of the item itself—such as employee time, security  measures, and administrative processing.
• “It’s just a letter, I can throw it away.” 
  Ignoring the letter is risky. The retailer has the option to escalate the matter, potentially leading to collections activity or a civil lawsuit.

What This Means for You 

Receiving a civil demand letter does not automatically mean you will face criminal charges. However, it does mean that the retailer is exercising their right to seek financial compensation. Taking the letter seriously, understanding your obligations, and responding appropriately are the best steps forward. 

You received a civil demand letter because state law allows retailers to pursue financial damages from shoplifting incidents, even if merchandise was recovered and even if no arrest occurred. These letters are part of a civil process that holds offenders accountable and compensates retailers for their costs. 

If you’ve received such a letter and are unsure how to respond, PRA Law Firm can provide the legal guidance you need to navigate this situation.