Civil Theft or Criminal Theft?

Understanding Your Rights When Property Is Stolen

Theft is a crime. But what many people don’t realize is that there are two ways to pursue justice: through criminal prosecution and through a civil lawsuit. If law enforcement won’t act — or if criminal charges don’t result in recovery — you may still be able to sue in civil court and recover damages.

At Atilus & Associates, we help clients use Florida’s civil theft statutes to fight back against fraud, embezzlement, and stolen assets.

Criminal Theft or Civil Theft?

Criminal Theft is handled by the State of Florida. The prosecutor charges the offender, and if found guilty, they face jail time or fines.

Civil Theft allows you (the victim) to sue the offender for damages in civil court — even if there’s no criminal conviction.

Under Florida Statute § 772.11, civil theft gives you the right to recover:

• Actual damages (e.g., stolen money or property value)

  
  

• Treble damages — that’s up to three times the amount stolen

  
  

• Attorney’s fees and court costs

Common Examples of Civil Theft

• A business partner misappropriates company funds

  
  

• An employee embezzles from the workplace

  
  

• A family member withdraws money from an elderly relative’s account

  
  

• A contractor accepts payment but never performs the work

In all of these cases, criminal charges may never be filed — but your right to civil justice remains.

📌 Important: Time Limits Apply

You must provide a written demand for payment before filing suit, and civil theft cases are subject to strict deadlines. The sooner you act, the stronger your case will be.

📞 Think you’ve been a victim of civil theft?

Let us help you recover what’s rightfully yours — with experience, discretion, and relentless legal action.