Reviewed by William A. Proetta, Esq. · Updated October 2026
What is a shoplifting civil demand letter, and do I have to pay it?
Short answer: It is a written demand from a store, or from a recovery company working for the store, for money under N.J.S.A. 2A:61C-1. You do not have to pay it, and paying it does not end a criminal charge. The statute lets a merchant recover the value of merchandise that was not returned in original condition (up to $500), additional damages, and a civil penalty of up to $150. Have a lawyer read it before you answer.
The letter is a civil matter, separate from any theft charge, and ignoring it is not a crime. The risk is a lawsuit, in which the prevailing party recovers reasonable attorney’s fees and costs. That cuts both ways: if you win, the merchant pays yours.
This post covers only the letter. The criminal side is on our Hudson County shoplifting page.
What does N.J.S.A. 2A:61C-1 actually allow the store to claim?
The statute is short, and most demand letters ask for more than it supports. Read your letter against these limits:
- Merchandise value, capped at $500. This applies when the item cannot be restored to original condition. If you returned it and it can be resold, there is no merchandise value to recover.
- Additional damages. These exclude the merchant’s own time and wages spent on the apprehension. If the letter lists a “security cost” or “processing fee,” ask what it is made of.
- A civil penalty of up to $150. That is a ceiling, not a set fee.
- Attorney’s fees and costs to whoever prevails in a lawsuit.
- Parents or guardians with legal custody are liable for a minor’s act, with limited exceptions such as a court order removing custody.
- A 20-day written notice. Before suing, the merchant must send notice to your last known address giving you 20 days to respond.
- No conviction needed. The merchant can pursue the civil claim whether or not you are convicted, or even charged.
- Nothing above $500. The section does not apply where the merchandise is worth more than $500.
If you comply in writing within the 20 days, the statute entitles you to a written release from further civil liability for that act. If you have already paid the retail value plus up to $150, the merchant cannot bring the suit.
Does paying the letter make the criminal case go away?
No. The statute states that the civil remedies are in addition to any criminal penalties. The criminal case belongs to the prosecutor, not to the store, and the store’s being paid does not close it. A shoplifting complaint in Jersey City Municipal Court at 365 Summit Avenue, or a Hoboken complaint at 100 Newark Street, proceeds on its schedule whether or not the store has been paid.
Payment can also still matter to the criminal case, in two ways:
- It may be offered as evidence. The statute does not say that a payment, or a reply you write to the store, cannot be used against you. A letter that explains what happened is a statement, and it can be read aloud in a courtroom. Do not write one without counsel.
- It can help on restitution. Restitution to a victim is a separate remedy under N.J.S.A. 2C:43-3, and a prosecutor can request it. Repayment is often part of a resolution, particularly conditional dismissal or Pretrial Intervention.
The Attorney General’s shoplifting guidelines bar prosecutors from negotiating for, requesting or requiring a defendant to pay the 2A:61C-1 civil penalties as part of a plea. Those guidelines do allow a prosecutor to agree that a plea “shall not be evidential in any civil proceeding” under Rule 3:9-2. That protection runs from the plea in the criminal case to the civil claim, not the other way round.
What are my options when the letter arrives?
- Do not reply or call the number on the letter yet. You have 20 days. Use a few of them to have a lawyer read it.
- Check the numbers. Does the merchandise value match what a lawyer sees in the police report? Did the store recover the items? Is any amount above the $500 and $150 caps?
- Pay in full, if the criminal case is resolved or your lawyer agrees. Get the written release the statute provides for. Keep it.
- Negotiate. The statute sets ceilings, not a required amount, so the figure can be discussed.
- Ignore it. That is lawful, but the store can sue, and fees can then be added to a small claim.
- Dispute it. If the stop was unlawful or you were not the person on video, the civil claim is contestable too. A criminal defense does not automatically carry over, so have counsel decide.
If you are the parent of a minor, the same options apply, because the statute makes you liable. Juvenile court is separate.
How can I tell a real demand letter from a scam?
A letter that follows the statute looks like this: it names the store, the date and the location, describes the merchandise, states an amount that fits within the statute, gives you 20 days and is sent to your last known address. Many are sent by third-party recovery firms on a store’s behalf, and that is not itself a warning sign.
Treat it as suspect, and check with the store directly, if:
- It arrives only as a text, a social media message, a voicemail or an email from an unfamiliar address.
- It demands payment in gift cards, cryptocurrency, wire transfer or cash app.
- It threatens arrest or a warrant if you do not pay within hours or days.
- It does not name the store, the date or the item, or you were never stopped.
- The amount exceeds the $500 merchandise cap plus $150 penalty and the letter does not explain the difference.
Look up the store’s phone number yourself, not the one on the letter. Never send payment information to a number or link in an unsolicited message.
Civil Demand Letter FAQs
Can the store send a demand letter if I was never arrested?
Yes. The statute does not require a conviction, an arrest or a criminal complaint.
Does the letter mean I will be charged?
No. The letter and the criminal charge are separate decisions. A store can send a letter without police being involved, and police can charge you without a letter.
Is a demand letter the same as a court summons?
No. A letter is a pre-suit notice. A summons or complaint from a court is a lawsuit, with a response deadline you cannot miss.
Can the store demand more than $650?
The statute also allows “additional damages,” which exclude the merchant’s own time, and attorney’s fees in a lawsuit. Ask for an itemization. The section does not apply at all if the merchandise exceeds $500.
Hold the letter, and bring it with you. Do not sign anything or reply by text. William Proetta Criminal Law reviews civil demand letters with the criminal charge so a payment does not undercut the defense, and our Jersey City office is open for a free, confidential review. Call (201) 793-8018, day or night, or contact us online.
