A shoplifting civil demand letter is a request for money from a store, often sent by its lawyers or another agent, under a state law that lets merchants collect civil damages for shoplifting. It is separate from any criminal case. Paying it does not end a criminal case, and not paying it does not by itself lead to criminal charges. If you don't pay, the store's remedy is a civil lawsuit.
This guide explains what these letters are, what several state laws allow, what can happen if you don't pay, and why to talk with an attorney before you respond. A state-by-state list of statutes is at the end. Amounts are as of October 2026. Laws change, so check the current statute or ask an attorney in your state.
What is a civil demand letter?
Most states have a statute that makes a person who shoplifts civilly liable to the store. Depending on the state, these laws let the merchant recover the value of merchandise that wasn't returned in sellable condition, plus a set penalty or extra damages, and sometimes attorney's fees and court costs. A civil demand letter asks you to pay that kind of amount without a lawsuit.
Several states expressly allow a merchant to demand payment before suing, including New York, Virginia, Minnesota, and West Virginia. In New York, Pennsylvania, Illinois, and Minnesota, among others, the statute also says a criminal conviction is not required for the civil claim.
A civil demand is separate from the criminal case
A shoplifting incident can lead to two separate matters. A criminal case is brought by the state through a prosecutor and can end in dismissal, diversion, a fine, probation, or jail (our guide on whether you can go to jail for shoplifting covers that side). A civil claim is between you and the store, and it is only about money.
Paying the store resolves, at most, its civil claim. The Florida, Pennsylvania, and Delaware statutes say that paying a written demand on time gets you a written release from further civil liability for that act. That release covers civil liability only, so a criminal case continues on its own track. None of the statutes we reviewed makes nonpayment a crime. What they give the store is the right to sue.
Some states keep the two matters apart in other ways. As of 2026:
- Virginia: a merchant may not start a civil action under the shoplifting statute while a criminal prosecution based on the same facts is pending (Va. Code §8.01-44.4).
- North Dakota: if a criminal theft charge is filed, the merchant may not pursue civil damages until the criminal action is complete (N.D. Cent. Code §51-21-05).
- Minnesota: payment or nonpayment may not be used as evidence in a criminal action (Minn. Stat. §604.14).
- New York: statements or evidence from an attempt to reach a civil settlement are inadmissible in any other court proceeding about the same larceny (N.Y. Gen. Oblig. Law §11-105).
Rules like these differ from state to state, which is one reason to get legal advice before you pay, call, or sign anything.
What state civil demand laws allow
Each state sets its own amounts. Here is what six statutes allow as of 2026:
- Massachusetts (M.G.L. c. 231, §85R½): actual damages plus an added amount capped at $50, $250, or $500, depending on the property's value. Details are in the next section.
- California (Penal Code §490.5): for an adult or emancipated minor, damages of $50 to $500 plus costs, plus the retail value of merchandise not recovered in sellable condition. For an unemancipated minor, the parent or guardian shares liability, with total damages capped at $500 per action plus costs.
- Texas (Texas Theft Liability Act, Civ. Prac. & Rem. Code ch. 134): actual damages plus additional damages of up to $1,000. Whichever side prevails, the store or the person sued, is awarded court costs and reasonable attorney's fees.
- Florida (Fla. Stat. §772.11): three times actual damages, with a $200 minimum, plus attorney's fees and court costs, if the claim is proved by clear and convincing evidence. Before suing, the claimant must send a written demand for $200 or three times the damages, and paying within 30 days of receiving it earns a written release. A defendant can recover fees if the claim had no substantial factual or legal support. Our guide to petit theft in Florida covers the criminal side there.
- New York (Gen. Oblig. Law §11-105): the retail price of merchandise not recovered in sellable condition, up to $1,500, plus a penalty of up to five times the retail price or $75, whichever is greater, but never more than $500.
- Pennsylvania (42 Pa.C.S. §8308): return of the merchandise or its value, other actual damages, reasonable attorney fees and court costs, and a civil penalty equal to the merchandise's value plus $150. The merchant must send a notice giving 20 days to respond before suing, and no suit may proceed if the person has paid the retail value (up to $500) plus $150.
Compare any amount demanded with what your state's statute allows, and keep in mind that the limits change over time.
The Massachusetts shoplifting civil demand letter law
The Massachusetts statute is chapter 231, section 85R½ of the General Laws. As of 2026, it makes a person who commits or attempts larceny of goods for sale on a merchant's premises, or who damages property in doing so, liable in tort to the merchant for actual damages plus an additional amount of no more than:
- $50, if the property was worth less than $50
- $250, if it was worth more than $50 but less than $250
- $500, if it was worth more than $250
The merchant can bring the claim under the small claims procedure in chapter 218, sections 21 to 25. Any letter from the merchant, its agents, or its attorneys asserting a claim under the statute must identify in detail the information the claim is based on. Anyone who solicits a payment above these limits faces a fine of up to $500.
A Massachusetts attorney can review whether a letter you received follows these rules. The criminal shoplifting offense is a separate statute, chapter 266, section 30A, covered on our Massachusetts theft class page.
Do I have to pay a civil demand letter?
A civil demand letter is a request, not a court order. A store can force payment only by suing you and winning a judgment in civil court. Whether paying makes sense depends on your state's law, the facts, and any criminal case, so make that decision with an attorney.
Here is what can happen if you don't pay:
- The store may send more letters, or it may decide not to pursue the claim.
- The store may sue you in civil court. The Massachusetts, California, and Iowa statutes expressly mention small claims court for these cases.
- If the store wins, the court can enter a judgment within your state's limits. Some statutes add attorney's fees and court costs, including those of Texas, Pennsylvania, and Illinois.
- If you win, some statutes let you recover costs. Texas awards court costs and attorney's fees to whichever side prevails, and Connecticut lets a court award a winning defendant costs, a reasonable attorney's fee, and up to $300.
- Time limits apply to the store, too. In Connecticut, for example, a suit under the shoplifting statute must be brought within two years of the act.
Why to talk to an attorney before you respond
If you also face a criminal charge, what you say, pay, or sign in the civil matter can matter in ways that depend on your state. An attorney can review:
- Whether the amount demanded fits your state's statute
- Whether the letter follows any rules your state sets for these demands
- How a payment, a phone call, or a signed form could affect the criminal case
- Whether a parent or guardian is liable for a minor's conduct, and up to what amount (see our guide to teen shoplifting)
If a public defender represents you in the criminal case, ask whether they can also advise you on the letter or point you to help. Legal aid offices and lawyer referral services run by bar associations are other places to start.
Civil demands and court-ordered classes
A civil demand does not change any class requirement in your criminal case. If your court, prosecutor, probation officer, or diversion program requires a theft or shoplifting class, our self-paced online Theft Awareness Class covers the consequences of theft, including civil demand letters, the thinking and triggers behind it, and practical skills for better choices. Before enrollment, confirm the specific course and required hours with your probation officer, attorney, or assigning authority. Our guide to court-ordered shoplifting classes explains what to expect, and our court-ordered class page covers proof of completion.
Shoplifting civil demand laws by state
Each state's merchant civil remedy statute, as of October 2026. Amounts and procedures vary, and laws change, so read the current statute or ask an attorney in your state.
- Alabama: Ala. Code §6-5-271
- Alaska: Alaska Stat. §09.68.110
- Arizona: A.R.S. §12-691
- Arkansas: Ark. Code Ann. §16-122-101
- California: Cal. Penal Code §490.5
- Colorado: C.R.S. §13-21-107.5
- Connecticut: Conn. Gen. Stat. §52-564a
- Delaware: 10 Del. C. §8143
- Florida: Fla. Stat. §772.11
- Georgia: O.C.G.A. §51-10-6
- Hawaii: HRS §663A-2
- Idaho: Idaho Code §48-701
- Illinois: 720 ILCS 5/16-27
- Indiana: Ind. Code §34-24-3-1
- Iowa: Iowa Code §645.3
- Kansas: K.S.A. 60-3331
- Kentucky: KRS 411.095
- Louisiana: La. R.S. 9:2799.1
- Maine: 14 M.R.S. §8302
- Maryland: Md. Code, Cts. & Jud. Proc. §3-1302
- Massachusetts: M.G.L. c. 231, §85R½
- Michigan: MCL §600.2953
- Minnesota: Minn. Stat. §604.14
- Mississippi: Miss. Code Ann. §97-23-96
- Missouri: RSMo §537.127
- Montana: Mont. Code Ann. §27-1-718
- Nebraska: no current statute; Neb. Rev. Stat. §25-21,194 was repealed in 2019
- Nevada: Nev. Rev. Stat. §597.860
- New Hampshire: N.H. Rev. Stat. Ann. §544-C:1
- New Jersey: N.J. Stat. Ann. §2A:61C-1
- New Mexico: N.M. Stat. Ann. §30-16-21
- New York: N.Y. Gen. Oblig. Law §11-105
- North Carolina: N.C. Gen. Stat. §1-538.2
- North Dakota: N.D. Cent. Code §51-21-05
- Ohio: Ohio Rev. Code §2307.61
- Oklahoma: Okla. Stat. tit. 21, §1731.1
- Oregon: Or. Rev. Stat. §30.875
- Pennsylvania: 42 Pa.C.S. §8308
- Rhode Island: R.I. Gen. Laws §11-41-28
- South Carolina: S.C. Code Ann. §15-75-40
- South Dakota: S.D. Codified Laws §22-30A-19.1
- Tennessee: Tenn. Code Ann. §39-14-144
- Texas: Tex. Civ. Prac. & Rem. Code §§134.001-134.005
- Utah: Utah Code §78B-3-108
- Vermont: no current statute; 13 V.S.A. §2579 was repealed in 2021
- Virginia: Va. Code §8.01-44.4
- Washington: Wash. Rev. Code §4.24.230
- West Virginia: W. Va. Code §61-3A-5
- Wisconsin: Wis. Stat. §943.51
- Wyoming: Wyo. Stat. Ann. §1-1-127
In a state without a specific statute, a store may still bring an ordinary civil claim for its loss. Ask an attorney how that works where you live.