Palmer Recovery Attorneys

We are reviewing this file with our client, and request 5 more days to respond.

Our Client: Macy's Retail Holdings, Inc.
D/Incident: March 17, 2019
File: 9120801

Ms.:

This letter is in response to your Revdex.com Complaint. Most U.S. retailers have the ability under state laws to request statutory civil damages from those apprehended for theft. Regardless of whether the item is recovered, or criminal charges are filed, the retailer may still make a statutory civil damage request from the alleged theft offender or other legally responsible party.

Our firm is a leading civil recovery law firm in the loss prevention/asset protection industry. We represent many national and regional retailers in various aspects of civil recovery law, the practice of law involving requests for statutory civil damages. But for state laws enacted to help retailers recoup losses from theft caused by dishonest associates or shoplifters, retailers would be forced to pass the expense for losses on to the purchaser and consumer of their products through higher prices. The services we provide helps defray the costs of loss, reducing the amount that would be passed on.

In respect to the complaint in question, this Law Firm represents Macy's Retail Holdings, Inc. ("Macy's"), concerning its civil claim in connection with an incident in their store number 833 on March 17, 2019.

While we facilitate settlement of our client's claim based on data provided initially by the retailer's loss prevention personnel, many times, the information given to the store, is not correct. We then use our best efforts and computer technology to locate accurate information on behalf of our clients. On this occasion, it appears our client may have been given an incorrect surname. Our data shows the correct surname to be Hampton. While on rare occasions the data assimilated in this process (comparing names, ages, locations, etc.) will point us to the wrong individual, we do not believe that to be the case on this occasion.

As you are aware from our prior attempts to settle this matter, This Law Firm represents Macy's concerning its civil claim against you in connection with an incident involving your child in their store 833 on 3/17/2019. You have failed to make full payment after written demand to do so. Pursuant to the Fla. Stat. § 772.11 "Civil remedy for theft or exploitation", Macy's is requesting you to settle this matter by making payment to us in the amount of $555.00. Sixty days from full payment and clearance of funds, you will receive a written release of the statutory civil damages claim. Payment should be made payable and mailed to Palmer Recovery Attorneys, PLLC, Post Office Box 915389, Longwood, Florida 32791-5389. Please include the file number above on your payment, or you may also pay on-line through our secure website: WWW.PALMERPAY.COM. If you wish to discuss alternative payment arrangements, you may call us at (888) 572-5637.

This Law Firm represents *** concerning its civil claim against you in connection with an incident in their store 3780 on or about 6/15/2016. We previously made demand for payment, but our records reflect that a balance of $615.00 remains unpaid. The original demand request may increase depending on the number of attempts by our office to settle the matter, as well as the amount of review by a member of our legal staff. A reviewing of your file shows that multiple Settlement Offers were mailed via USPS to the address listed in your complaint.

Due to the current situation with the Pandemic, we understand that there may be hardship due to Covid-19. Our client is willing to accepts Ms. request to settle the civil penalty for the original request amount of $50 (excluding fees). After receipt and clearance of a final payment of $50, in full and final settlement of the civil request, a civil release will be sent to Ms..

Please make full payment according to the terms listed above. Payment should be made payable and mailed to Palmer Recovery Attorneys, PLLC, Post Office Box 915389, Longwood, FL 32791-5389. Please include the file number shown above on your payment. Major credit/debit cards are also accepted. You may also pay online through our secure website: www.PalmerPay.com. If you wish to discuss alternative payment arrangements, you may call us toll free at 1-888-572-5637.

Am email confirmation regarding payment in fill of our clients settlement offer has been sent to Mr..

We attempted to email the requested payment acknowledgment, but the email was kicked back, stating that the email address is not valid. We have subsequently resent the letter via U.S. Mail.

Most U.S. retailers have the ability under state laws to request statutory civil damages from those apprehended for theft. Regardless of whether the item is recovered, or criminal charges are filed, the retailer may still make a statutory civil damage request from the alleged theft offender or other legally responsible party.

Our firm is a leading civil recovery law firm in the loss prevention/asset protection industry. We represent many national and regional retailers in various aspects of civil recovery law, the practice of law involving requests for statutory civil damages. But for state laws enacted to help retailers recoup losses from theft caused by dishonest associates or shoplifters, retailers would be forced to pass the expense for losses on to purchasers of their products through higher prices. The services we provide helps defray the costs of loss, reducing the amount that would be passed on to the purchasers of products.

In respect to the complaint in question, this Law Firm represents Rite Aid concerning its civil claim in connection with an incident in their store number 5282 on 2/17/2018. While we facilitate settlement of our clients claim based on data provided initially by the retailer's loss prevention personnel, sometimes the information given to the store is not correct. We then use our best efforts and computer technology to locate accurate information on behalf of our clients. On rare occasion the data assimilated in this process (comparing names, ages, locations, etc.) will point us to the wrong individual. That appears to be what has happened here.

Whenever such situations are brought to our attention, we update our records and cease communications. Based upon the complainant's assertion that he was not in the state of Washington on the date in question, we will not be pursuing the civil matter further. Therefore we have closed the file and apologize for any inconvenience and concern.

As you are aware, this law office represents *** Corporation in a civil restitution claim against you. Our client advised us that during a period ending on March 6, 2019, while you were employed at *** store number***, you left the store premises with $50.98 worth of company merchandise that had not been paid for. On October 24, 2019, pursuant to the common law theory of conversion, our office sent you a settlement offer letter requesting $50.98 in restitution. This letter was an offer to settle the civil restitution matter out of civil court.

Therefor our client is reiterating its most recent settlement offer and requests that a one-time, lump sum payment in the amount of $50.98 be made to fully and finally resolve any and all civil restitution claims including, but not limited to, any civil claims for conversion or otherwise seeking compensatory damages between the parties arising from the above-referenced incident .

Please note that payment of the amounts requested in this response, shall have no effect on any possible or pending criminal remedies that could be imposed by a criminal court with the possible exception of any payments for restitution which might potentially be treated as set-offs to reduce the amount of restitution requested by our client if it is a victim witness in any such criminal matter. To settle this civil restitution matter now, please place the above-referenced file number on the $50.98 payment, which shall be made payable to and mailed to Palmer Recovery Attorneys, Box 915389, Longwood, Florida 32791-5389. Money Orders, Checks,***, ***, Electronic Checks and Debit Cards are accepted. You may also pay online through our secure website at www.palmerpay.com. Please note that typically, installment fees may be requested for processing partial payments. After receipt and clearance of said payment, a civil restitution release/payment acknowledgment will be forwarded to your attention.

This Law Firm represents *** in connection with its civil claim for alleged misappropriation and/or damage of company assets by Michel *** in the amount of $5,089.09, and a civil penalty in accordance with Fla. Stat. § 772.11 "Civil remedy for theft or exploitation" in the amount of $350.00. A written demand was sent on June 28, 2018, within the limitations of set forth by Fla. Stat. § 772.17 "Limitation of actions". After we were notified that the restitution portion had been paid directly to our client, and verification was sent in, Mr. called our office on July 14, 2018, to confirm receipt of the verification and inquire about the civil penalty portion of the written demand for settlement. The difference between a civil and a criminal penalty was explained. He was also made aware that we may review the matter for the possibility of recommending that our client take further civil action and/or may choose to make a higher settlement request on behalf of our client. He advised he would like to confer with an attorney before proceeding.

Mr. called back in to our office on July 26, 2018 and agreed to the settlement of our client's statutory civil damages request but informed us that he was unable to pay the full amount requested. We offered a payment arrangement, explained the fee and explained again that a possible higher request could be made if his agreement was not honored. He agreed to pay $50.00 per month towards the requested amount, on the 10th of each month, until the original amount requested was satisfied and agreed to have his first payment to our office on or before August 10, 2018.

Mr. did not make any payment, nor did he contact our office. His file was subsequently reviewed, and a higher request was made on behalf of our client, and a letter notifying Mr. of the higher demand was sent on August 14, 2018.

Upon receipt of the written demand letter with the higher request, Mr. called our office again on August 24, 2018. The higher demand was explained, a settlement offer was made, but the call was inadvertently disconnected. Mr. called back into our office on August 31, 2018, and explained he was unable to make full payment of the higher settlement amount, and we again, offered and agreed to a payment arrangement of $50 per month, due on the 7th of each month, starting September 7, 2018. While Mr. last four payments were received in a timely manner, as of January 7, 2019, we had not received his January installment, nor had he contacted our office. We also tried to call Mr. on January 7, 2019, but were unable to reach him, therefore our request for payment in full of the settlement was mailed out. We then received his payment on January 8, 2019.

At this juncture, the requested amount will not be lowered, but we do understand that the holidays may have contributed to the delay, so we are willing to defer the final demand in the January 7, 2019 letter, and will agree to the continuation of Mr. prior payment agreement/arrangement, providing that the remaining payment(s) are received in timely manner.

We are sorry that you had a bad experience with us so far, but we have tried to resolve this issue. It is plainly stated in the letters that if payments or an arrangement aren't made after a certain period of time the amounts can go up. We don't increase the amount for no reason at all, and generally the possibility of a higher payment is usually a good way to get people to keep their payment arrangements. Our records show that we made 2 payment arrangements, and after you made some of the payments, you stopped paying again. When you stop paying the numbers can go up. However, to resolve this, please call us and we will settle this for the $166 you still owe. We are here every day. You can ask to speak to Aaron if you can between 9 and 5 and I will handle this for you personally.