How To Prove A Florida Civil Theft Claim

 

 

In Florida, a claim of Civil Theft is defined as:

Civil theft is a cause of action allowing a person to recover damages for the unauthorized taking of their property by another person intending to deprive them of it, brought as a private right of action in civil courts under Florida statute 772.11.

It simply means:

When a party is damaged by the action or crime of stealing.

There are 3 elements of the claim:

• Element 1. The defendant unlawfully took or used the plaintiff’s property, money, or other assets without permission. The defendant took or used the plaintiff’s belongings, money, or assets without asking for permission, which is a key part of proving a civil theft claim.
  

  Facts that might support this element look like:

  * The defendant entered the plaintiff’s property without consent and removed several valuable items.
  * The defendant transferred funds from the plaintiff’s bank account to their own without authorization.
  * The defendant used the plaintiff’s credit card information to make purchases without the plaintiff’s knowledge.
  * The defendant accessed the plaintiff’s digital assets and sold them for personal gain without permission.
  * The defendant knowingly retained possession of the plaintiff’s property after being asked to return it.

• Element 2. The defendant acted with criminal intent. In a civil theft claim, showing that the defendant acted with criminal intent means proving they deliberately planned to take someone else’s property, knowing it was wrong and without permission, rather than just making a mistake or acting carelessly.
  

  Facts that might support this element look like:

  * The defendant knowingly took the plaintiff’s property without permission, demonstrating a clear disregard for the owner’s rights.
  * The defendant made statements indicating an intention to permanently deprive the plaintiff of their property.
  * The defendant concealed the property from the plaintiff, suggesting an awareness of wrongdoing.
  * The defendant had a history of similar actions, indicating a pattern of behavior consistent with criminal intent.
  * The defendant was aware that the property belonged to the plaintiff and still chose to take it.

• Element 3. The plaintiff was harmed. The plaintiff was harmed means that the person bringing the lawsuit suffered some kind of loss or damage, like money or property, because of the actions of the defendant, which is a key part of proving their case in a civil theft claim.
  

  Facts that might support this element look like:

  * The plaintiff discovered that a significant amount of money was missing from their bank account, leading to financial distress.
  * The plaintiff incurred additional expenses due to the theft, including fees for credit monitoring and identity theft protection services.
  * The plaintiff experienced emotional distress and anxiety as a direct result of the theft, impacting their daily life and well-being.
  * The plaintiff lost valuable personal property that was taken without consent, resulting in both financial and sentimental loss.
  * The plaintiff’s ability to conduct normal business operations was disrupted, leading to lost revenue and opportunities.

^{(See Gasparini v. Pordomingo, 972 So.2d 1053, 1056 (Fla. 3d DCA 2008). see also Gersh v. Cofman, 769 So.2d 407, 408 (Fla. 4th DCA 2000). Island Travel & Tours, Co. v. MYR Indep., Inc., 300 So. 3d 1236, 1239-40 (Fla. 3d DCA 2020).)}
If you’re in court without a lawyer and plan to assert a Claim of Civil Theft, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your FL Civil Theft Claim

U.S. Civil Cases Only