My pleasure

We appreciate your professionalism.

no I'm not missing the point, I suggest you use the link to see what it contains.
It's written by an action group in Ontario for younger, possibly immigrant individuals.
It;s not clear that your intention is to help this individual but rather to scare him/her.
Stay South my friend we have enough of you bottom feeders here already.

I believe you may be missing the point. The response clarified that the request was a civil request only as the person posing the question seemed concerned about criminal ramifications over a civil settlement offer letter. Clearly, our response was to be informative and is not intended to scare anyone as the spin seems to go on and on. Yes, it is true that the true cost of shoplifting shoud indeed be told. The losses sustained in North America as whole due to "Shrink" the majority stemming from theft are astounding - I am sure you can look up the link to the Hollinger Report - something like well over 35-40 Billion Dollars a year! Also, when profit margins are thinner and thinner as costs continue to go higher, theft puts stores entire businesses in jeopardy.

Who is the retailer Natt? like to know so that I can make sure I never spend another dime there.
After all if they have "experienced losses that go far beyond the value of the merchandise at issue in any one shoplifting incident and realizing that the amount recovered pales in comparison to the extraordinary losses they experience" they should be only to glad to let the story be told.
Here's a link for you to read yhekah18 before you get too scared by this individual from Florida

http://www.jfcy.org/PDFs/Civil-Recovery-Apr06.pdf

You state that you are an adult who was stopped for shoplifting at H&M and have already gone to court. Our “Of counsel” attorney Carole-Marie Allard is licensed in Canada but I am not. Because Ms. Allard practices in Quebec, this is where this post emanates although I am in Florida. The information contained in this response is based on an assumption that you are an adult and contains information passed on from Ms. Allard, but the information is not to be construed as legal advice but instead information that may help you understand the request that was made.

Whenever a person commits, or attempts to commit a theft, that action may be considered both a crime and a civil tort. The retailer may request the state to file criminal charges and/or it may choose to take civil action seeking damages. The civil request for damages in Canada is based on common law and is separate from and independent of any criminal action that may or may not have been taken. If there was a criminal matter, regardless of the outcome of such matter, the retailer may still make a civil damages request (civil settlement offer). If a retailer requests civil damages to avoid the possibility of a civil suit, that is legal and not a form of extortion. Extortion typically covers inappropriate behavior of asking for money to avoid physical harm or to avoid criminal prosecution. Clearly the civil settlement offer is only referencing a civil matter and makes no improper reference.

The civil damages request action is often designed to work as a deterrent to future theft as well as to shift the tremendous cost of theft and the resulting security costs from the honest consumer (through higher retail prices) to the offenders who are creating the problem.

The amount demanded by the business establishment for this civil action is for the act committed against the store and is not to compensate for the item, which may or may not have been damaged. Canadian case law has supported awards for acts of external shoplifting, even when the merchandise was recovered in merchantable condition because the act of theft was a trespass to chattels. The courts have said that such trespass was actionable per se and as such, nominal damages were available. See Hudson’s Bay Co. v. White, 1997 O.T.C. Lexis 2176.

Clearly some of those posting responses feel that you should wait it out and see if the retailer sues you in civil court. That is of course your right. However, when realizing that retailers experience losses that go far beyond the value of the merchandise at issue in any one shoplifting incident and realizing that the amount recovered pales in comparison to the extraordinary losses they experience, you may want to consider making an offer to see if the matter can be resolved amicably.

We represent the retailer concerning the matter. If you would like to speak about this matter and the potential for resolving the civil damages request, I would be happy to speak with your lawyers if they are representing you for the civil matter or you if they decide to not represent you for the civil matter. You may also seek the advice of an attorney who would be willing to represent you for the civil matter. Alternatively, if not represented, you may call me at the toll free number listed on our letter or at (866) 875-6565 at extension 124.

Canadian Money Links

They can claim whatever they want, but until a civil judgment is presented, they have no right to receive a penny of it.

It's highly unlikely they will take you to court, and in fact, you could theoretically take them to court to recoup the $200 you did erroneously send them. Your criminal offense was commited against the Crown. Your restitution (sentence) was to society. That is how we work here in the Common Law system, and the judge handed down his/her verdict accordingly. Unless restitution directly to the victim (H&M) was specifically asked by the Crown, or was stated in the verdict, you've paid your debt to society.

Your crime has been dealt with. You cannot be thrown in jail for their demands. They have no judgement in civil court to back it up. Imagine if jail was possible simply because other people claimed you owed them money, and these claims were never subject to the legal test. That would be a justice system I would emmigrate from in a heartbeat!

Do not pay the remainder, whatever you do. Tell them to take you to court. They'll threaten collections and court, tell them to go for it.

Hopefully this was your lesson learned. This can affect the rest of your life, including jobs (and ultimately socio-economic status) because your criminal record follows you around for life.

READ THIS:

http://www.osgoode.yorku.ca/clasp/CivilRecoveryLetters.html

DO NOT PAY A PENNY!! and you should NOT have paid the $200!! Those letters for civil recovery are not legally binding until the matter is taken to a civil court. You have to understand that the legal side of the justice is separate from the civil side. You said that you went to court already and was fined $60, so you have been legally dealt with. Now, H&M is sending you letters to "civilly recover" money from you for your shoplifting incident. It is an intimidating tool for those who don't know and they end up with tones of money from those "civil recoveries".

If you don't pay, they may or may not take the matter to a civil court. Chances are they won't because it's too expensive and time-consuming for something so little. That is why they play smart and decide to send some scary notices first. But don't ignore a Statement of Claim, when that comes in your mail means that they have entered the case to a civil court. Search on the Internet "civil recovery for shoplifting" and you'll see what I mean. You'll even find lawyers' pages advising people not to pay until ordered by a court. So DO NOT PANIC and don't ever steal anything again!! Stealing is wrong, but those jerks are taking advange of people and making $$$$ out of it.

hmm.... if you went to court and had a judgement against you... that's all you need ...
why would you pay more?

How much was the judgement for?

ive been accused of theft under $5000, i shoplifted a sweater worth of $29 at H&M last September 2009, and been to court and the judge made me pay and dismissed my case since its my first offense. I got a letter from civil recovery saying that i have to pay $500 or else they would do actions. I paid them $200 and i stopped paying since i dont have a job anymore. And now i got a letter again saying that i have to pay $300 more.
Isnt too much? coz i paid them 200 already plus $60 to the court. Im scared that i might get arrested. Im only 20, and this is my first offense. Ive been here in canada for just 2 yrs and im parents are freaking out that i might get arrested if i dont pay civil recovery. pls give me some advice