Florida Civil Theft Lawyer – Protecting Your Rights and Recovering What’s Yours

Civil theft in Florida is more than just a financial dispute – it’s the unlawful taking of your property, with the intent to deprive you of it permanently. If someone has stolen your money, assets, or property, Florida law gives you the right to not only recover what you lost, but potentially triple the damages plus attorney’s fees.

At the Law Offices of Adam G. Hill, our civil litigation attorneys represent individuals and businesses throughout Florida in recovering losses caused by theft, fraud, and conversion. We aggressively pursue your case under Florida’s Civil Theft Statute to hold wrongdoers fully accountable.

What Is Civil Theft in Florida?

Civil theft is a civil cause of action that allows a victim to recover damages for conduct that would also qualify as criminal theft. It is governed by Section 772.11, Florida Statutes.

Under Fla. Stat. § 772.11(1):

“Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of §§ 812.012–812.037 or § 825.103(1) has a cause of action for threefold the actual damages sustained, and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs.”

To prove civil theft, you must show that the defendant’s actions would meet the elements of criminal theft under Fla. Stat. § 812.014, including:

  1. Knowingly obtaining or using (or attempting to obtain or use) another person’s property;

  2. With intent to, either temporarily or permanently:

    • Deprive the person of a right to the property, or

    • Appropriate the property to their own use or to the use of another not entitled to it.

Key Difference from Criminal Theft: In a civil theft lawsuit, you – not the State Attorney – bring the action, and the remedy is monetary compensation, not criminal punishment.

Treble Damages and Attorney’s Fees

If you prevail in a civil theft claim, the court may award:

  • Three times your actual damages (treble damages)

  • Attorney’s fees and court costs

Example: If $20,000 was stolen, a civil theft judgment could be $60,000 plus attorney’s fees.
This makes civil theft a powerful tool for recovering losses and deterring misconduct.

Pre-Suit Demand Requirement

Before filing a civil theft lawsuit, Fla. Stat. § 772.11(1) requires you to serve a written 30-day pre-suit demand letter on the defendant. The letter must:

  • Identify the claim,

  • Demand payment of damages, and

  • Give the defendant 30 days to pay before you file suit.

If the defendant pays within the 30-day period, you cannot proceed with the lawsuit. If they fail to pay, you may move forward with filing your complaint.

Common Examples of Civil Theft Cases

Our firm handles civil theft claims involving:

  • Misappropriation of business funds by an employee or partner

  • Stolen real estate deposits or escrow funds

  • Unauthorized use of corporate credit cards or bank accounts

  • Property taken during a real estate or construction dispute

  • Theft by contractors, vendors, or service providers

  • Conversion of vehicles, equipment, or inventory

Burden of Proof – Higher Than Ordinary Civil Cases

In most civil cases, you only need to prove your claim by a preponderance of the evidence (more likely than not).
Civil theft, however, requires clear and convincing evidence – a higher standard that demands stronger proof.

Defenses to Civil Theft Claims

Defendants often argue:

  • Lack of intent to permanently deprive you of the property

  • Ownership disputes over the property in question

  • Payment or settlement before the lawsuit

  • Failure to comply with the 30-day pre-suit demand requirement

Because civil theft carries the risk of treble damages and attorney’s fees, Florida courts require strict compliance with all statutory requirements.

Why Hire a Florida Civil Theft Lawyer?

Civil theft cases are complex. They often overlap with criminal investigations, breach of contract disputes, and business litigation. Our attorneys:

  • Conduct thorough investigations to gather clear and convincing evidence

  • Prepare and serve compliant pre-suit demand letters

  • Coordinate with law enforcement when necessary

  • Aggressively litigate in Florida’s state and federal courts

  • Pursue maximum compensation, including treble damages and attorney’s fees

Contact Our Florida Civil Theft Attorneys

If your property, money, or assets have been wrongfully taken, act quickly. Florida law imposes a 5-year statute of limitations for civil theft claims (Fla. Stat. § 95.11(2)(b)).

Call the Law Offices of Adam G. Hill today at 833-918-1877 for a confidential, free consultation. We will evaluate your case, explain your legal options, and take decisive action to recover what’s yours.