If you’ve been caught or accused of shoplifting in Minnesota, you may receive a civil demand letter from the store or its attorneys.
These letters often demand hundreds of dollars in payment, sometimes even when the merchandise was recovered and no criminal charges were filed. Many people are unsure whether they are legally required to pay. Here’s what you need to know.
What is a civil demand letter?
A civil demand letter is a request for payment sent by a retailer (or their law firm) to someone accused of shoplifting. It usually demands:
- A set dollar amount, often between $100 and $500, as “damages” or “penalties”
- Payment deadline (for example, 30 days)
- A warning that failure to pay may result in a lawsuit
The idea is based on Minnesota’s civil liability for shoplifting law, found in Minn. Stat. § 604.14. This statute allows retailers to seek civil damages from shoplifters in addition to any criminal penalties.
What Minnesota law allows retailers to collect
Under the law, a store can seek:
- The value of the stolen merchandise (if not recovered in sellable condition), and
- A civil penalty of up to $100 for adults, or up to $75 plus the value of the goods from a parent/guardian if the offender is a minor.
The statute does not authorize retailers to demand hundreds of extra dollars in penalties, but many letters ask for more, banking on fear and confusion to push people into paying.
Do you have to pay a civil demand letter?
- Not automatically. These letters are essentially collection attempts. The store would need to sue in civil court to legally force payment.
- Many cases are never pursued. In practice, most retailers do not follow through with lawsuits if the amount is small or the merchandise was recovered.
- Separate from criminal charges. Paying (or not paying) the civil demand does not erase criminal liability if charges are filed. A prosecutor may still pursue shoplifting charges under Minn. Stat. § 609.52.
Risks of ignoring a civil demand letter
- The retailer could file a civil lawsuit to collect, though this is relatively rare for small amounts.
- Unpaid claims could be turned over to a collections agency, potentially harming your credit.
- If charges are pending, ignoring the letter could be used against you in plea negotiations (though it does not prove guilt).
Should you pay?
Deciding whether to pay depends on your situation:
- If the amount is small and you want the matter closed, paying may avoid further hassle.
- If the demand exceeds what the law allows, you may have grounds to refuse or negotiate.
- If you are also facing criminal charges, talk to your lawyer before paying anything. Payment could be seen as an admission of guilt.
Defenses and considerations
- Recovered merchandise: If the store recovered the goods undamaged, they are not entitled to their value.
- Excessive demands: Letters demanding far more than $100 for adults may not be enforceable under Minnesota law.
- False accusations: If you did not commit shoplifting, you are not liable for civil damages.
Key takeaways
- Civil demand letters after shoplifting are requests for payment, not court orders.
- Minnesota law caps penalties at $100 for adults (plus the value of unrecovered goods).
- Paying does not erase criminal charges, and ignoring does not guarantee a lawsuit.
- Always consult a criminal defense attorney before responding, especially if charges are pending.
You are not alone, don’t navigate this by yourself, we hare here to help you with your demand letter questions. Contact a Martine Law attorney today and