What are possible consequences for FL criminal practices act statute 772.11

Asked over 5 years ago - North Fort Myers, FL

Florida statute 772.11
My 19 year old son recieved a letter from a lawyer in Calif demanding $200.00 per Florida statute 772.11 due to his taking possession of merchandise valued at $11.98 from Sears on11/28/08. We reside in Florida.

How can I find out online if this is legit?

Where can I find the record of an arrest, or if an arrest was made?

Will this be taken to court?

Thank you

Additional information

Should I pay the $200.00?

Attorney answers (1)

  1. Tonald Edmund Spinks

    Pro

    Contributor Level 9

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    Answered . The Florida Civil Remedies for Criminal Practices Act has very few exemptions and it can be combined with other civil or criminal punishments, these facts combined with the ability for the award of attorney fees makes ignoring the demand a very dangerous proposition. I would strongly consider contacting an attorney who can review the details of this case with you before the expiration of the demand for payment. I have included a copy of 772.11 and a good article by Jeff Adelman regarding the same below.

    772.11 Civil remedy for theft or exploitation.--
    (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 ss. 812.012-812.037 or s. 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 in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney's fees or costs provided under any other law.

    Attached is a good article on the subject by Jeffrey A. Adelman
    http://www.adelmanlawyers.com/articles/112703ci...

    Ed Spinks

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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