A civil demand is the new trend in which major department stores are issuing to shoplifters claiming to be entitled to a statutorily authorized fine because they shop lifted in their store.
Under the General Obligations Law 11-105 these stores are entitled to receive from an adult or emancipated minor who commits larceny of:
- the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars;
- a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
If property is not recovered then the store has the right to sue. If property is recovered, then under the civil law language, they haven’t sustained any damage for the shoplifter to pay them even though the shoplifter is wrong. Usually, an issued civil demand when damage has not been sustained is the store’s bluff.
However, shoplifters may still be prosecuted by the district attorney on charges of petit larceny, criminal possession of stolen property etc.
If you are currently accused of shoplifting in New York City, call our office at (212) 577-6677 to get professional legal assistance.