Florida Civil Remedy for Theft and or Exploitation: 772.11 (The Statute)
"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."
What to do: Civil Theft
This statute essentially states that should someone have "defrauded" you of an asset/money(s) which is/are rightfully yours, you may send a letter containing the aforementioned verbiage from the statute (cited above) via certified mail (return receipt requested) and should said party NOT return your money(s) owed within the 30 (thirty) day period proscribed by the statute, you may thereafter file suit for triple the amount owed, attorney fees, and costs.
This statute helps to avail those wronged by a party who may otherwise have no incentive to return expropriated money as it carries the weight of potentially paying TRIPLE. Should you desire to further explore the potential for treble damages in your case contact our office and we can set up a free initial consultation.
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