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 […]

Triple damages, interest and attorneys fees. There is a LOT at stake in a civil theft Florida lawsuit. Read more about this topic and an August 18, 2021 opinion from a Florida appeals court that discusses entitlement to attorneys fees. Why Civil Theft? Florida’s civil theft law permits a civil recovery of damages for certain crime victims. And also financial exploitation of the elderly. But be careful. There are only certain crimes that you can recover civil damages for. Read Chapter 812 of the Florida Statutes. Those statutes deal with theft, robbery and crimes. There is an entire set of laws on getting civil remedies or damages against someone who commits a crime against you. You can read the Civil Theft Statute for free by clicking HERE. Civil theft laws do have special rules. For example, you can only get damages in a civil lawsuit for certain crimes. Read 812.012- 812.037 and 825.103(1). For a free legal video on damages, and interest in Florida civil theft cases, CLICK HERE. Civil Theft Florida in Trust and Estate Cases Is it possible for a family member or beneficiary to sue a trustee or another wrongdoer for civil theft in an estate or trust? The answer is yes. Our appellate courts use the term defalcation when describing a trustee who improperly takes trust property. And estate executors in Florida probates have the same duties as a Florida trustee. But, experienced probate litigators caution, have your eyes wide open. “Proving civil theft is not […]