Got a Civil Demand Letter After a Shoplifting Stop in Florida? What to Know
A few weeks after a shoplifting stop, many people get a second surprise in the mail: a letter from a store or its law firm demanding money, often a few hundred dollars, and threatening a lawsuit. The letter usually arrives while a criminal case is still pending. It is easy to assume that paying it will make the whole thing go away. It will not. Here is how Florida's civil theft demand process works and how it fits with a criminal retail theft charge.
Published October 2026 by The Law Offices of Daniel D. Nawara, P.A.
Where the demand comes from
Florida's civil theft remedy is in section 772.11, Florida Statutes. It allows a person injured by a violation of the theft statutes (ss. 812.012–812.037) to sue for three times the actual damages, with a minimum of $200, plus reasonable attorney's fees and court costs. A claimant must prove the claim by clear and convincing evidence.
Before filing that lawsuit, the statute requires the claimant to send a written demand for $200 or the treble damage amount. If the person who receives the demand complies within 30 days after receipt, they must be given a written release from further civil liability for that specific act. That is why the letters usually ask for a set amount and give a deadline.
Section 772.11 also says a claimant can recover these damages from the parents or legal guardian of an unemancipated minor who lives with them and is liable. Punitive damages are not allowed under the section. If the court finds the claim lacked substantial factual or legal support, the defendant can recover attorney's fees and costs.
The demand letter is not the criminal case
The single most important point: the civil demand and the criminal charge are separate.
The criminal case is brought by the State of Florida through the State Attorney's Office. Only the State can dismiss it, reduce it or offer diversion.
The civil demand is a private claim by the merchant.
Paying the merchant does not dismiss the criminal case, and declining to pay does not create a new criminal charge. Do not let the letter distract you from your court date. If you received a notice to appear, the date on that notice still controls. See our notice to appear guide.
There is overlap, though. In the criminal case, section 812.015(12) requires the court to order restitution on a retail theft conviction, including the value of damaged or stolen merchandise. If merchandise was recovered undamaged at the scene, restitution questions may look different than the demand letter suggests.
Questions to ask before responding
Every situation is different, but these questions come up often:
Who is the letter from, and is it legitimate? Confirm the store and any law firm independently. Do not rely only on the phone number or payment link in the letter.
What amount is being demanded, and on what basis? The statute refers to $200 or treble damages. Ask how the figure was calculated.
Was the merchandise recovered? That can affect the actual damages.
What will a payment be called? Ask whether the release covers only the civil claim for that incident.
Could anything you write be used in the criminal case? A letter explaining "what happened," or admitting intent, could become evidence. Talk with your defense attorney before sending any statement.
What a criminal defense lawyer can do
A defense lawyer handles the criminal side: reviewing the store video, loss-prevention reports and police reports; evaluating intent and value; and exploring options such as dismissal, pretrial diversion or other resolutions. Counsel can also help you understand how a response to the civil demand might interact with the criminal case. Depending on the scope of the engagement, counsel may correspond about the demand or refer you to civil counsel.
Store surveillance video is often the most important evidence in a retail theft case, and stores do not keep footage indefinitely. Early preservation requests can matter.
Common misunderstandings
"If I pay, the store will drop the charges." The store is not the prosecutor. The State decides.
"If I don't pay, I'll be arrested." Non-payment of a civil demand is not itself a crime. The merchant's remedy is a civil lawsuit.
"The letter means I've been found guilty." No. A demand letter is an allegation from a private party.
Related reading
Frequently asked questions
Does paying a civil demand letter end my shoplifting case?
No. The civil demand under section 772.11 is a private claim. The criminal case is controlled by the State Attorney and the court.
How long do I have to respond to a civil demand?
The statute provides a written release if the person complies within 30 days after receiving the demand. The letter's deadline and your options should be reviewed promptly.
Can a store sue me if I don't pay?
The statute allows a civil action after the written demand. Whether a merchant files suit, and what it could recover, depends on the facts and the proof.
Can my parents be billed for my shoplifting?
Section 772.11 lets a claimant recover from the parents or legal guardian of an unemancipated minor living with them who is liable under the statute.
Talk with a Sarasota theft defense lawyer
If you received a civil demand letter and have a pending theft charge in Sarasota or Manatee County, call (941) 920-5514 or request a free consultation with former prosecutor Daniel D. Nawara. Bring the letter, your notice to appear and any trespass warning. Payment plans are available. See fees.
General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.