ischia Posted March 11, 2007 Report Share Posted March 11, 2007 I need solid advice for a Civil Recovery demand from Macy's. I am now having to deal with their collection agent/lawyer Palmer-reifler & associates, as it seems they have assigned this outfit for collection. Macy's originally demanded $150 as allowed by civil recovery laws in Georgia for an alleged shop-lifting incident which is presently disputed by me and my lawyer in a non-civil court. I ignored the claim and did not pay! Now, the CA claims $425 is to be paid promptly in 10 days or will file law suit and I will certainly not pay this claim as I'm disputing this alleged claim in another court system and any payment to Macy's would jepordize my claim. However, I don't want to have a judjment entered against me in civil court if they sue. Few questions: Is there any defense for Civil Recovery Laws? Should I sent a standard C & D letter to the CA? Should I sent a standard C & D letter to Macy's? There are also misrepresentaion on the quantity of the merchandise that was recovered by Macy's and there were no damages from this incident.....So why the demand for payment? Just because there is a biast law that gives retailers the right to collect? Any assitance from some of our veteren experts of this forum would be greatly appreciated.... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 11, 2007 Report Share Posted March 11, 2007 you have a lawyer. Ask him, don't rely on internet hearsay in this matter. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 11, 2007 Report Share Posted March 11, 2007 The FDCPA would be inapplicable in this case anyway, as the debt would not meet the FDCPA definition of the word. Link to comment Share on other sites More sharing options...
dixiedrifter Posted March 11, 2007 Report Share Posted March 11, 2007 Best thing you can do is answer the complaint if you get sued and ask for a stay of proceedings until the disposition of your criminal case.If you did the dirty deed, got popped, and the court slaps you with a guilty verdict you might as well get ready to pony up the cash. Link to comment Share on other sites More sharing options...
ischia Posted March 11, 2007 Author Report Share Posted March 11, 2007 My Questions are if I should send a C&D now...... Not what I need to do if I get sued!"If you did the dirty deed, got popped, and the court slaps you with a guilty verdict you might as well get ready to pony up the cash"Well, if the court proves guilt and if any fines are too be paid, I am not so sure if it relates to a Civil demand to which I am now facing. Thanks for your input anyways...... Link to comment Share on other sites More sharing options...
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