Discovering that a business partner or employee may have taken company money can cause serious financial and legal problems. Florida law allows people who suffer losses from certain theft-related acts to file a civil theft claim. This claim may help them recover money beyond their original losses. Understanding the legal rules can help business owners decide whether to pursue a claim.
What must be proven in a civil theft claim?
A business dispute or a broken agreement does not automatically qualify as civil theft. Under Florida law, the person filing the claim must show clear and convincing evidence that the defendant committed an act covered by the state’s civil theft law. The claimant must also show that the act caused financial harm.
Evidence may include bank statements, transaction records, emails, company documents and other records that help explain what happened to the property and how the loss occurred.
Why is a written demand required?
Before filing a civil theft lawsuit, the person seeking compensation must generally send a written demand to the defendant. The demand must request $200 or the amount allowed under the law, whichever applies.
The defendant has 30 days after receiving the demand to comply with the request. If the defendant pays the required amount within that period, the law protects the defendant from further civil claims related to that specific theft.
This demand gives the defendant a chance to resolve the matter before the claimant files a lawsuit.
What damages can a successful claim provide?
Florida law allows a person who proves a civil theft claim to seek:
- Three times the actual financial loss, with a minimum award of $200
- Reasonable attorney fees
- Court costs
The law also allows a defendant to seek attorney fees and court costs if the claimant files a case without a sound factual or legal basis.
What should a business do after suspected theft?
Businesses should keep financial records and other evidence that may help explain what happened. Bank statements, accounting records, emails, contracts and transaction documents may help establish the facts.
Florida law sets specific rules for civil theft claims, including a written demand before filing a lawsuit. Business owners should understand these requirements before taking legal action. An attorney can review the evidence and explain whether a civil theft claim or another legal option may apply.
