Civil recovery is a criminal act that gives rise to tort as outlined in civil law. Civil recovery is a method used to collect all the damages needed to compensate a retailer after cases of theft from their premises.
When a civil dispute happens, the retailer affected sends, or the agent that represents them sends a civil demand to the shop thief, just a few days after apprehending the offender.
The demand sets out the circumstances of the thieving, the damages claimed, the legal position, and specifies how the damages are supposed to be paid. For non-payers, a follow-up letter is used against them.
Table of Contents
What Is The Process Of Civil Recovery?
Reporting Of The Incident
According to the Data Protection Laws, the data on the incident and the incident details are passed to us by the retailer because you have been involved in an incident on their premises.
Whether you have not been issued a Notice of Intended Civil Recovery or the police have not been involved, either case does not prevent the civil claim from taking place.
The duty of property freezing order solicitors is to ensure the details that have been forwarded are properly checked to ensure that everything is in accordance with civil law and the principles of civil recovery.
The Dispute
In cases of a straightforward denial of wrongful doing, the defense should submit evidence that outlines clearly what happened on the day and why there was no theft. Without this, there are no clear grounds to say that the fraud did not occur.
This dispute is investigated further, and the parties involved are advised of the other’s account. If your dispute has a basis of Defense in law, the matter is not supposed to proceed any further.
If there was a mistake on your part, there is still responsibility required of you because your actions have created a sequence of events.
The Mitigation
In case any mitigating factors are involved, like health issues and financial pressure, it will be evidenced alongside a request for them to be considered. Most businesses understand the various challenges individuals face, although there is no legal requirement to consider such factors.
To reach an amicable settlement, financial negotiations are entered by both parties involved. Both parties can agree on monthly installments or payment on future dates.
Final Thoughts
In most cases, those involved in civil recovery end up ashamed of being involved in the act or upset. This is likely the norm for most offenders taken to court and found guilty.
However, the claim is not ours. The role of your solicitor is to ensure you and the retailer agree on an amicable settlement of the civil recovery case. Our duty is to help both parties come to terms with solving the case amicably outside the courtrooms.
