If someone has unlawfully taken money or property from you or your business in Florida with criminal intent, you may be able to sue for civil theft under Florida Statute 772.11. This law allows victims to seek treble damages (three times the actual loss) plus attorney’s fees, making it a powerful tool for recovering financial losses. However, to succeed, you must prove your case by clear and convincing evidence, which is a higher legal standard than most civil claims.
What Qualifies as Civil Theft in Florida?
To sue for civil theft, the defendant’s actions must align with a criminal offense under Florida’s criminal theft statutes (Chapter 812), including:
– Embezzlement – Employees or business partners misappropriating company funds.
– Real Estate & Contractor Fraud – Fraudulent property sales, deposit theft, or contractors failing to perform work after payment.
– Investment Scams – Ponzi schemes, misrepresentations in financial transactions.
– Theft of Business Assets – Unauthorized taking of trade secrets, inventory, or funds.
Steps to File a Civil Theft Lawsuit
1. Send a Civil Theft Demand Letter – Before suing, Florida law requires you to send a written demand for payment, giving the defendant 30 days to respond.
2. File a Civil Theft Lawsuit – If the defendant does not pay, you can file suit, seeking treble damages and attorney’s fees.
3. Prove Your Case in Court – You must demonstrate clear and convincing evidence that theft occurred and that the defendant acted with criminal intent.
Why You Need a Civil Theft Attorney
Civil theft claims can be complex, requiring strong evidence and aggressive legal strategy. At Joseph Legal PLLC, we help businesses and individuals recover stolen assets and maximize their compensation.
📞 Call 305-728-7004 for a free consultation today!