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Civil Theft · Fla. Stat. §772.11

Recover Three Times What They Took with an Orlando Civil Theft Attorney

Civil theft is a Florida lawsuit against someone who stole your money or property with criminal intent—and it can recover treble damagesplus attorney's fees. As an Orlando, Florida civil theft attorney, Keough Law brings these claims under §772.11 and defends businesses facing them.

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Why It Matters

When it isn't a dispute—it's theft

An employee skimming receipts. A manager diverting customer payments. A business partner draining the operating account. A contractor who pocketed the deposit meant for materials. When someone deliberately takes what belongs to your business, Florida gives you a remedy with real teeth.

Section 772.11 triples the damages and shifts your attorney's fees to the thief—turning a loss that might not be worth suing over into one that is. It's a key claim in our business fraud practice.

  • An employee or manager embezzled company funds.
  • A partner diverted money to personal accounts.
  • Inventory or equipment was taken and not returned.
  • Trust or escrow funds were misappropriated.
Business owner discovering missing inventory in an Orlando, Florida warehouse
The Elements

What a civil theft claim requires

The treble-damages reward comes with stricter rules than an ordinary claim. Miss one and the civil theft count fails—even if a conversion or contract claim survives.

Property was taken

The defendant obtained or used your money or property—funds, inventory, equipment—without the right to it.

Felonious intent

They acted with criminal intent to deprive you of the property or to appropriate it for their own use, not by honest mistake.

A pre-suit demand

You sent a written demand for the treble amount and gave them 30 days to pay before filing the civil theft count.

Clear and convincing proof

A higher standard than most civil claims—the evidence of theft and intent must be clear and convincing.

Common Defenses

Theft—or just a contract fight?

The most common defense is that the case is really a contract dispute dressed up as theft. Florida courts take that seriously, and a weak civil theft count can expose the plaintiff to a fee award.

That's why we vet these claims hard—and why, when you're the one accused, we push back fast on civil theft counts that don't belong.

Their Defense

“It's just a dispute”

  • "This is only a contract claim"
  • "I thought I had a right to it"
  • "The money wasn’t identifiable"
  • "There was no intent to steal"
Our Answer

The trail of the money

  • Conduct independent of any contract
  • No colorable claim of right
  • Specific, traceable funds or property
  • Concealment that proves intent
Proven results

Theft should cost more than it pays

Keough Law traces diverted funds and missing property, serves the statutory treble demand, and litigates civil theft alongside conversion and fraud claims—and defends businesses against civil theft counts that are really contract disputes. Prior results do not guarantee a similar outcome.

“Someone we trusted was taking money for months. Shaun traced it, sent the demand, and made sure they paid for what they did.”

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Civil Theft Matter

Florida Statute §772.11

3×

your actual damages, plus attorney's fees and costs

What You Can Recover

Why civil theft changes the math

Treble damages

Three times the value of what was taken, with a $200 statutory minimum.

Attorney’s fees

Reasonable fees and court costs, shifted to the defendant when you prevail.

Settlement leverage

The 30-day demand window often produces payment before a lawsuit is filed.

Companion claims

Conversion and fraud counts pleaded alongside, so recovery survives even if theft isn’t proven.

How We Help

From theft to treble recovery

01

Trace the property

We follow the money or goods—bank records, ledgers, shipping logs—to show exactly what was taken and where it went.

02

Send the treble demand

Florida requires a written demand for three times the loss. If they pay within 30 days, you get paid; if not, we file.

03

File & prove intent

We plead civil theft alongside conversion and fraud, then build the clear-and-convincing record on intent.

04

Judgment & collection

We pursue treble damages and fees to judgment, then enforce it against the defendant’s assets.

Transparent Pricing

Start with the statutory demand

Every civil theft case begins with the treble damages demand Florida requires—a defined, upfront step that frequently resolves the matter within 30 days. If it doesn't, the statute shifts your attorney's fees to the defendant when you win.

We'll tell you honestly whether your facts support civil theft—or a safer claim—during your free consultation.

Why Keough Law

A litigator who knows the traps

You work directly with Shaun Keough. Civil theft has procedural traps that sink claims, so we pair it with fraudulent misrepresentation and, in owner disputes, partnership and shareholder claims inside our business litigation practice.

FAQ

Civil theft questions

What is civil theft under Florida law?

Civil theft is a lawsuit under Florida Statute §772.11 against someone who stole your money or property with criminal intent. Unlike an ordinary claim, a successful civil theft plaintiff can recover three times their actual damages (with a $200 minimum) plus reasonable attorney’s fees and court costs.

Do I have to send a demand letter before suing for civil theft?

Yes. Before filing, you must send a written demand for the treble damages amount. The person then has 30 days to comply. If they pay, they receive a written release from further civil liability for that act. If they don’t, you can file suit and pursue the full treble award. Skipping or botching the demand can derail the claim.

Can a contract dispute be civil theft?

Usually not. A simple failure to pay a contract debt is breach of contract, not theft. Civil theft generally requires that the defendant took identifiable money or property with criminal intent—beyond just refusing to pay what a contract says. For example, an agent who diverts specific client funds may commit civil theft; a customer who disputes an invoice typically does not.

Is there a risk to bringing a civil theft claim?

Yes. Florida allows a defendant who wins to recover attorney’s fees if the court finds the claim lacked substantial factual or legal support. That fee-shifting risk is why we evaluate civil theft claims carefully and only bring them when the evidence of intent is strong.

How long do I have to file a civil theft claim?

Florida’s civil theft statute generally allows five years from when the violation ceased or the cause of action accrued. But the pre-suit demand and its 30-day window must fit inside that period, and evidence and assets don’t wait—so it’s best to act quickly once you discover the theft.

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