Civil Theft: The Claim That Can Multiply Damages (When It Fits)

Ever wondered if your business dispute could be more than just a fight over lost money?
Florida’s civil theft statute, § 772.11, can turn a routine lawsuit into a high-stakes battle
by multiplying damages—sometimes tripling them—if you meet the statute’s demanding
requirements.
Civil theft is not just a label. Under Florida law, you must prove by clear and convincing
evidence that someone intentionally stole your property or funds. The statute requires a
written demand for return at least 30 days before filing suit, and the theft must fit the
criminal definition—but this is a civil claim, not a criminal prosecution. If you succeed,
the court can award triple damages and attorney’s fees, making this claim a game-changer in
negotiations and litigation.
But the path is full of traps. Many parties lose out because they skip the demand letter,
miss deadlines, or can’t prove intent. Florida Rule of Civil Procedure 1.110 demands precise
pleading, and courts scrutinize these claims for compliance. If you’re facing a dispute
involving misappropriated assets, understanding civil theft’s requirements and deadlines is
critical. Our firm helps clients navigate these pitfalls and leverage civil theft claims to
maximize recovery and strategic advantage.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.

Written by:

Gil Sánchez, Esq.
CEO  | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law