[CLC-Discussion] Civil Theft

[Andrea Fair]

Section 772.11. Civil remedy for theft or exploitation states, in part, as follows:



“(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<http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000006&DocName=FLSTS812.012&FindType=L>-812.037<http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000006&DocName=FLSTS812.037&FindType=L> or s. 825.103(1)<http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000006&DocName=FLSTS825.103&FindType=L&ReferencePositionType=T&ReferencePosition=SP_f1c50000821b0> 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 . . . ”

My understanding of the statute is that, in order to avoid the cause of action for threefold the actual damages sustained, the person who stole the funds must comply with the written demand within 30 days after receipt of the demand.  The written demand must be “for $200 or the treble damage amount of the person liable for damages.”

So, if the person stole $5000 and the written demand for three times that amount was hand-delivered to them on July 14, 2015, wouldn’t the person receiving the demand letter have to pay $15,000 on or before August 13, 2015?  Not just mail a check for $5000 on August 14, 2015, correct?

Thanks for your input!

Andrea

Andrea M. Fair
Board Certified Construction Attorney
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