Legal Question in Criminal Law in Florida

There was a man living in my house with a contract to care for it. I came home to find many items missing. The police say the man says he 'inadvertently threw them away' and that makes it a civil matter (right, because everyone throws away copper and silver and bronze items). The police have done a good job of trying to find where he scrapped items but have had no luck. They are certain I will win a civil case, but the man quit work to 'go back to school' so has almost no income. My insurance has not given their final word yet, but it is sounding as though they are going to refuse to pay because it is a civil matter. Advice needed on the best way to proceed. Should I sue the man or the insurance company or what?!


Asked on 2/06/14, 11:05 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Since you seemed to have pursued this as far as you can criminally and the state has decided not to file criminal charges, then a civil suit may be your last resort. In a civil theft case, you are actually entitled to treble (aka triple) damages. So, if he took $1000 worth of items, then you would be entitled to recover $3000. You should try to get your insurance company involved and if they don't then seek a civil attorney.

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Answered on 2/06/14, 11:59 am


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