From the archives of bad Illinois law, let us introduce the Civil Liability provision of the Retail Theft Statute.

The civil liability statute provides that a person who commits retail theft is liable to the retailer for the actual amount of the merchandise taken, plus an additional penalty of $100.00 to $1000.00. The retailer is free to determine how much it will seek within this range. In addition, the statute states that the retailer is entitled to attorney’s fees and court costs.

What does this mean?

First, civil liability does not require that a person be found guilty of retail theft. In fact, the statute specifically states that “a conviction or plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit.” What usually happens is that a person arrested for retail theft quickly receives a letter from the store’s attorneys demanding payment—often before the person even goes to court.

Second, if the demand is not paid, the store can sue the person for the amount of its demand, up to $1000. If the person is found liable under the statute, the court can also require them to pay the store’s attorney’s fees and court costs. This can get very expensive.

So what should you do if you receive this letter?

Call us. In many cases, we can prevent a prosecutor from proving the offense. If the case is dismissed or our client is found not guilty, we contact the store attorneys and let them know. While the statute says a guilty finding is not required for liability, most store attorneys are reluctant to pursue civil claims if the criminal case was dismissed or ended in acquittal. In civil court, they would still need to prove retail theft occurred, and if that did not happen in criminal court, they may not want to try again. In these cases, we can often resolve the civil demand with no payment at all.

Even in situations where civil liability looks likely, we contact the store attorneys on behalf of our clients. In nearly every instance, we are successful in negotiating a reduction of the civil demand. Often, the amount we save covers much of our client’s legal fees. We always include this negotiation as part of our representation in retail theft cases.

If you or someone you know receives a civil liability letter from a store, don’t ignore it. But don’t rush to pay it either. The attorneys at Harter & Schottland know how to handle these cases, saving you money and providing first-class representation in the criminal matter. Even if one bad decision brought you into this situation, follow it up with a good decision—and call us.

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