As if being charged with a criminal offense isn’t enough, our legislature has decided to pile on a separate “civil remedy” for businesses. For a person charged with Petit Theft in Orlando, this extra fee often comes in the form of a threatening letter from a law firm demanding hundreds of dollars in a “settlement offer.”
This practice, while legal, is a form of legalized extortion aimed at intimidating you into paying. As a criminal defense attorney practicing in Central Florida since 1993, I’ve seen countless people fall for it. These letters are designed to scare you into paying a fee, even when the business has no legitimate legal standing to demand it.
The Law Behind the Demand Letter
The law firms sending these letters are relying on Florida Statute Section 772.11. This law allows a business that has been “injured” by a theft to sue for three times its “actual damages.” It also states they can collect a minimum of $200, plus attorney’s fees and court costs. This is the part they love to highlight.
But here’s what they conveniently leave out: the store is not automatically entitled to this money. The business has to prove it suffered “actual damages” by “clear and convincing evidence.”
The “No Actual Damage” Defense
In most petit theft cases, the stolen items are recovered by a Loss Prevention Officer. The goods are either never even taken out of the store, or they are returned in a condition to be re-sold. So where is the “actual damage”? There isn’t any.
Think about it this way: the Loss Prevention Officer was already on the clock and on salary to do their job. The store didn’t lose anything. It’s a bit like a fire department being called to put out a fire that was already extinguished—they did their job, but no “damages” were suffered. Yet, the law firms will still demand money.
Don’t Let Them Bluff You
The letters are designed to scare you into paying. They use formal legal language and threaten to sue for a “higher settlement request” plus attorney’s fees. They make it sound like a full-blown civil lawsuit is right around the corner.
But the simple fact is, these law firms often have no intention of actually suing you. They are relying on you being so frightened that you just pay the money to make the problem go away. Why? Because actually suing every person who receives one of these letters would be a massive waste of time and money for them. They’re just counting on a certain percentage of people paying up out of fear.
The law has a powerful provision that protects you. If the court finds that the business’s claim was “without substantial fact or legal support,” you are entitled to recover your own attorney’s fees and court costs. That’s a powerful tool to call their bluff.
If you have received one of these civil demand letters in Orlando, Orange, Seminole, or Osceola counties, do not pay it without speaking to an attorney. Paying the civil fine does not resolve your criminal case, and it could be seen as an admission of guilt.
John’s Takeaways
- A civil demand is not a criminal charge. It is a separate civil matter, and paying it does not make your criminal case go away.
- The business must prove “actual damages.” If the stolen goods were recovered in a re-sellable condition, the store may not have a legitimate claim for a civil remedy.
- Don’t let them bluff you. Law firms often rely on the threat of a lawsuit to get a quick payment. A knowledgeable attorney can call their bluff and protect your rights.
- You can be awarded attorney’s fees. Florida law allows a defendant to recover attorney’s fees if a business’s claim is found to be without substantial legal or factual support.
- A criminal attorney is your best defense. Your focus should be on your criminal case, not on a civil fee. Don’t let an opportunistic law firm take advantage of your situation.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.
Don’t Pay the Fine. Make Them Fight for It.
If you have received one of these civil demand letters, do not pay a single cent without speaking to a criminal defense attorney. The law is designed to be on your side, not the store’s. With over three decades of experience practicing criminal defense in Orlando, Orange, Seminole, and Osceola counties, I can help you fight back. We’ll make them prove their case, because in my experience, they can’t.
Don’t let an intimidating letter dictate your future. Call my Orlando office today at (407) 423-1117 for a free consultation to discuss your case.
