Civil Theft

What elements must be established in a civil theft action?

To establish a prima facie case for civil theft in Florida, the plaintiff must allege that the defendant knowingly obtained or used their property with felonious intent and did so to deprive the plaintiff of their right to or a benefit from the property. Felonious intent refers to the conscious intent to steal what does not belong to the taker. Florida also requires that a person, "before filing an action under this section" seeking treble damages for civil theft "must make a written demand for payment," and provides that if the person to whom the written demand is made complies within thirty days after receiving the demand, "that person shall be given a written release from further civil liability" by the person making the demand. Should the person receiving the demand refuse or fail to return money or property alleged stolen in the letter within the thirty (30) days, then the person making the demand is entitled to treble the amount of the original amount alleged stolen in the demand.

What steps must be taken before filing a civil theft lawsuit?

Before filing a lawsuit, the person claiming injury must make a written demand for the value of the stolen property or for the return of the specific property taken. If the person to whom the demand is made complies with the demand within 30 days, they shall be given a written release indicating that they are absolved from any further civil liability.

What damages are available in a civil theft action?

If a plaintiff succeeds in a civil theft action, they are entitled to treble (triple) the amount of the value of the stolen property, as well as reasonable attorney's fees and court costs. However, punitive damages are not available under the civil theft statute.

What is considered "clear and convincing evidence" in a civil theft case?

Clear and convincing evidence is the burden of proof required for a civil theft claim to be determined by a judge or jury. It is a less rigorous burden of proof than beyond a reasonable doubt and a higher standard of proof than preponderance of the evidence.

What should you do if you are facing civil theft litigation?

It is important to consult with experienced legal counsel who can guide you through the legal process and protect your rights. A qualified attorney can help you determine the best strategy for your case, whether it involves settling out of court or going to trial.

General information about Florida law, not legal advice, and not a guarantee of any result.