As a Florida criminal defense lawyer, I often get calls from people who think their petit theft case is over—only to receive an unexpected letter from a store or a law firm weeks later. This letter is often called a civil demand letter, and if you’ve never heard of one before, it can be alarming.
These letters are part of a store’s loss prevention strategy, and they can have financial and legal consequences if you don’t handle them properly.
What Is a Civil Demand Letter?
Under Florida Statutes §772.11, if a retailer believes you committed theft, they can demand payment in a civil context—even if the criminal side of your case is over. This is completely separate from the criminal charges filed by the State of Florida.
These letters typically demand:
- The value of the stolen items (even if the merchandise was returned in perfect condition)
- Additional damages, often between $200–$250
It’s important to understand that this is not a fine imposed by the court—it’s a request from a private business to recover money they claim they are owed.
Why Stores Send Civil Demand Letters
Large retailers such as Walmart, Target, and department stores have entire loss prevention departments. These teams are responsible for reducing losses from theft. Civil demand letters are a common tool they use for two main reasons:
- Financial Recovery:
Even small thefts require employee time, security resources, and sometimes police involvement. Retailers believe they are entitled to recover those costs. - Deterrence:
By sending a demand letter, stores hope to discourage the accused—and others—from shoplifting in the future.
For the store, it’s often less about the specific item and more about the message that theft will have consequences.
Why You Shouldn’t Ignore It
When you get a civil demand letter, you might be tempted to throw it away—especially if your criminal case was dismissed or you were found not guilty. But ignoring it can lead to:
- Additional letters from the store’s attorneys
- Collection agency involvement
- A civil lawsuit filed against you in county court
While not every retailer will sue, some will, especially if they think the amount owed is worth pursuing.
Example Scenario
Imagine you are accused of stealing sunglasses worth $40 from a department store. You were stopped, questioned, and the police were called. A few weeks later, the criminal case was dropped because there wasn’t enough evidence.
Two months after that, you get a letter from a law firm representing the store, demanding $250 for “civil recovery.” The letter threatens to sue you if you don’t pay within 30 days.
Even though the criminal charges were dismissed, the store can still pursue you in civil court. Whether you fight the demand, negotiate, or pay it will depend on your legal strategy and the advice of your lawyer.