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View Full Version : Should I pay "civil recovery"?


KaraLyn
Jun 13, 2008, 08:28 PM
Hi,
I tried looking in previous questions and no answers really seemed to apply, but sorry if someone already asked.

About a year ago I was caught stealing from my work (NEVER DO THIS!) they told me they'd been watching me and my friends over a period and I was forced to write a confession and sign it or I was told that police would be called and I'd be arrested on the spot.
They had proof that we'd sweethearted for each other and told me they knew I'd gotten away with more so I should overestimate the value and confess to it, or again, the police would be called. So long story short, I told them what I'd taken, added a few hundred dollars and the amount was a little over 2,000 and I had to pay it in a week.

I paid. Six months later I get this civil recovery notice requesting another 1300 dollars. No mention what for, just "on behalf of HBC".

So I'm wondering how valid this whole civil recovery thing is. It's been over a year can I be charged criminally? And if I don't pay the recovery what happens?

I really don't believe they have grounds to further charge me since I have a paper saying I paid the 2,000 in restitution and its been so long. But nevertheless, I'm terrified and I just want this to be over with before anyone finds out.

Also, if taken to court will the court take into account that it was my only offence, that I paid the initial resititution, and that I deeply regret my actions?


Thanks to anyone who can offer some insight.


btw- if it makes a difference I was 20 and live in ontario

George_1950
Jun 13, 2008, 08:41 PM
Just curious: who wrote the confession and forced you to sign it? So you paid a little over 2,000; do you have a receipt of some type? Did you pay by check? Was there a contract of some type in addition to the receipt? Is "HBC" related to the entity you paid a little over 2,000 to? How did you receive "this civil recovery thing"? Is it a demand for payment or a law suit?

KaraLyn
Jun 13, 2008, 08:47 PM
I had to write my own confession but they told me what to write. I have a receipt for the 2,000. HBC is the employer and the letter was from a third party law firm on their behalf. And all it says is it's a "final notice" to pay the "fee". I looked into it and civil recovery is designed to cover some of the costs of surveilance and security that the store pays.

George_1950
Jun 13, 2008, 09:00 PM
There appears to be two or three documents: the paper you wrote, the receipt, and the letter from HBC's lawyer. It is difficult for one to comment about papers that one has not read. Have you responded yet? It would appear that the position you want to take is that your debt to HBC has been paid in full, and therefore, you no longer have a debt. If you were to pay an additional 1,300, what would stop it from coming back and saying you owe more?

KaraLyn
Jun 14, 2008, 09:09 AM
That's what I also think.

excon
Jun 14, 2008, 09:41 AM
Hello K:

I don't believe they can charge you criminally any more. I believe they satisfied their demands when you paid the $2,000. I think they need to sue you if they want more money. I think you can win if they try. I'd write the lawyer a letter sending him a copy of your agreement and your receipt. Tell him that if they want more, to sue. Send the letter certified, return receipt requested.

excon