Florida Civil Theft Law– everything you need to know
Did someone take your property? You may be able to seek TRIPLE (treble) damages, plus interest, plus attorneys fees. Here’s everything you need to know about Florida Civil Theft Law. For a brief free legal video on DAMAGES and calculating damages, click HERE.
The Statute You MUST Read on Civil Theft !
Florida Statute 772.11 is the “begin and end” of Florida Civil Theft Law. Read it here for free by a simple CLICK. To be thorough, read the entire Chapter 772. It does not take long and you will learn a lot about this. Don’t have time? Read the bullet point highlights below.
Everything You Need To Know in Plain English + Few Words
- This law only applies to one of the crimes on the list in 772.11 .
- Pre suit demand is a requirement
- You can’t receive punitive damages if you prevail
- So, your probate or trust litigator needs to analyze whether you want to try to get trebel damages or DON’T SUE FOR CIVIL THEFT but seek punitive damages.
- But………………….can you plead in the alternative?
- Attorneys fees and costs can go to the winner — including the DEFENDANT under certain circumstances
- Can you prove your case by CLEAR AND CONVINCING EVIDENCE?
Can I Use This Law for POA or Florida Trust Cases?
Can you use this law if your trustee is stealing from you? Yes ! To see a free trust video on trustees stealing, click HERE. The statute can definitely be used against Florida Trustees who steal. This is often referred to as defalcation. Want to read about a recent case involving attorneys fees under 772.11, click HERE.
If you want to learn more about bad trustees, read HERE.
To read about POA THEFT, click NOW.
Finally, want to read a recent appellate court opinion on civil theft? Click on THIS LINK to read the April 7, 2021 3rd DCA opinion in Bailey v. Covington for free. This case involves bank accounts, real estate and sale proceeds.