Civil Theft – Florida Statutes 772.11
Theft is the taking of something that does not belong to you. It’s so important it made it as one of the Ten Commandments – Thou shalt not steal. If you are the victim of a theft, you have three choices. You can wait for God’s retribution, you can go to the police and/or you can seek out a claim for Civil Theft. If the theft is defined in Florida Statutes 812.012 through 812.037 and 825.103(1), the victim can also file a civil case for “Civil Theft” in conjunction with the police investigation of the crime.
Theft
The full definitions of theft under the Florida Statutes 812.012 through 812.037 and 825.103(1) are available on-line. But a quick definition would be when a person obtains or uses the property, either temporarily or permanently, of another with the intent to deprive the other person of a right to the property or a benefit from the property. For those over 65 years old, there are special protections. A claim for civil theft can be made if there is a breach of a fiduciary duty by the elderly person’s guardian or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property.
Conditions Precedent
Before a complaint for Civil Theft can be filed in court, the victim has to make a written demand. The written demand must ask for a minimum of $200 or the treble damage amount, whichever is greater. As a note of precaution, the court will want proof the written demand was sent and served. A good practice is to send two copies; one by regular mail but also one by certified mail with return receipt. If the certified mail is returned unsigned, it could indicate the address is wrong or the recipient is purposely avoiding signing for it. But, if the regularly mailed letter is not returned, it can be argued that delivery was made. The regularly mailed letter would have been returned if the address was wrong. Usually, if the certified mail is returned, it is a good practice to send it via FedEx or UPS. They always require a signature.
If the person complies with the demand within 30 days, they shall be given a written release from further civil liability. The hope is the person will make contact and try to resolve the problem. Most of the time, they will probably try to fight the treble damages.
Elements of Civil Theft
Thirty days after the person that took the property received the written demand, and they have not complied, then an action for Civil Theft can be filed with the courts. The victim will have to show by “Clear and Convincing” evidence the property was taken and who took it. Damages are self-evident when it is shown the property was obtained by the other party through a violation of Florida Statutes 812.012 through 812.037 and 825.103(1).
Civil Theft has a provision for attorney’s fees. Without someone experienced helping, it is likely the nuances of the court system may get an otherwise valid case dismissed. So in this type of case, it may be worth hiring an attorney.
Conclusion
While there are no punitive damages for Civil Theft, the treble damages criteria are motivation enough to bring someone to the bargaining table. The risk of having to pay three times the value of the stolen item is strong motivation to seek a settlement.