What is Civil Recovery?

Civil Recovery is a program offered by Expedited Claims Inc. to assist retailers in obtaining monetary compensation for the financial losses caused by shoplifters and dishonest employees. These losses may include the value of missing or damaged merchandise, as well as the cost of security measures such as floorwalkers and CCTV. It is very important to note that civil recovery does not replace criminal prosecution - it is a separate procedure which works independently of the criminal process.

How Does it Work?

Civil Recovery begins with a notice, which is presented to the shoplifter at the time they are apprehended. The notice makes a demand for payment from the shoplifter (or their parent or guardian). It also explains the purpose of the payment, and makes it clear that if payment is not made a claim may be filed against the shoplifter in civil court - a far more expensive process for the shoplifter or parent than simply paying the requested amount. Prior to any court action, the notice is followed by at least two Demand Letters and telephone contact.

Can Civil Recovery Be Used For Employee Thefts and Frauds?

Yes, employee thefts and frauds are subject to Civil Recovery. There is no legal distinction between a theft committed by an employee and one committed by a stranger. Because dollar amounts are often higher in employee thefts than in stranger thefts, our rates for this service are typically less than for shoplifting.

Why Doesn't it Cost Anything?

Civil Recovery is self-financing - you pay nothing at all. The amount demanded from a shoplifter is typically $450.00. When a payment is made 55% - about $250.00 on a normal demand of $450.00 - is provided to you, while the remainder is retained by Expedited Claims Inc. as compensation for its efforts on your behalf.

Are Criminal Charges Required for Civil Recovery to be Used?

No. Civil courts and criminal courts have very different standards of proof. Even someone who is acquitted of charges in criminal court, where the standard is proof 'beyond a reasonable doubt,' may be found liable for damages in a civil court, where the standard is proof 'on a balance of probabilities' (as happened in the case of O.J. Simpson). What this means in practice is that the police may decide not to lay criminal charges against someone because they don’t think they can meet the higher standard of proof, while in a civil court it is still possible to have that same person found liable. Where civil liability is possible, the Civil Recovery system can be used.

Summary

Civil Recovery is a program with no set-up cost which allows retailers to recover some of the losses associated with theft and fraud. At the same time, the money obtained through the Civil Recovery process can help pay for other loss prevention measures. Civil Recovery, used in conjunction with other professional services, is an essential component of a successful, cost-effective, shrink-reduction strategy.