Using Civil Theft Claims to Get Your Property Back

In the business law context, it isn’t common to see something that amounts to criminal law violations. But it can and does happen, most commonly in the form of stolen property, information, data, or trade secrets.

And while the stealing of your company’s property is certainly a crime, which can be handled by law enforcement, you as well have a right to bring your own independent lawsuit for stolen goods.

Civil Theft Claims

In civil law, when property is taken and done so intentionally, the victim can sue for what is known as civil theft. You can sue for civil theft, even if what the other side does, wouldn’t actually amount to an actual theft crime, and even if there are never any criminal charges brought against the other side.

One reason why you may want to seriously consider suing for civil theft if your property is stolen, are the damages: the law allows you to collect three times the amount stolen, as your damages. That means that even in cases where the amount stolen may, on its own, not make it financially viable to sue, with civil theft, it very well may be worth your while to pursue a civil theft claim in court.

You also can recover your attorney’s fees, if your lawsuit is successful. But conversely, you can end up paying the other side’s attorneys fees, if you should sue, and lose—that’s why it’s a good idea to talk to an attorney before suing someone for civil theft.

Proving the Case

Much like criminal theft, civil theft requires the element of intent. That means that the party suing must show that the other side knowingly and purposely took property with the intent and purpose to deprive the other side of the property. Accidental takings, or bona fide disputes, are not civil theft. Simple breaches of contract are also not civil theft.

Of course, nobody is going to just come out and admit that they took property with an intent to steal. That means intent has to be proven.

In cases like civil theft, where intent is at issue, the party suing will have to show external evidence, to demonstrate proof of the intent. Emails, the course of dealings between the parties, text messages, or discussions between people, all can be evidence used to show that someone had an actual, intentional, and criminal intent to take or deprive someone of property.

Demand Letter Prerequisite

You cannot just rush out and sue someone for civil theft. As a mandatory prerequisite to a lawsuit, you must first send the other side a demand letter, specifically detailing what you believe was stolen, and why. Insufficient demand letters that aren’t detailed enough, won’t allow you to sue for civil theft.

At that point the other side has 30 days to return the property. If they do so, there is no longer any right to sue for civil theft (you may still be able to sue for other damages, under other causes of action).

Has someone stolen property or assets from your company or business? Call our Fort Lauderdale business litigation lawyers at Sweeney Law P.A. at 954-440-3993 for help.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0772/Sections/0772.11.html

floridabar.org/the-florida-bar-journal/counsel-beware-considerations-before-implementing-floridas-civil-theft-statute/