Can a victim file a lawsuit for theft?

Civil theft is a lawsuit filed by a plaintiff (the victim, in this case, or the one bringing forth charges) in a civil court in order to recover money or damages for the stolen property. It’s important to note that a defendant (the one accused of theft) will be held either liable or not liable for theft and have to pay the plaintiff.

Can a defendant be found liable for civil theft?

The accused, or defendant, will be found either liable for the theft, or not liable for the theft. If the defendant is found liable, they will most likely be ordered to pay the plaintiff. Thus, typically you cannot be sentenced to prison time if found liable for most civil theft. The state has the burden of proof in criminal cases.

Can a company sue someone for business theft?

In the business theft cases we often see, the culprit is known to us. It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. In those cases, it may be possible to successfully sue the individual but even then, collectability is often an issue.

Are there rewards for filing a civil theft claim?

A civil theft claim, properly plead and proven, can provide rewards of treble damages and reasonable attorney’s fees. This bonus may make civil theft more attractive than a basic conversion claim.

Is it possible to sue someone for identity theft?

However, it can be difficult to sue the thief because he or she may be hard to find. Plus, it’s likely that thief will not have assets to recover if you’re successful in a civil lawsuit. It may be possible, however, to sue others for their role in the identity theft.

Can a company sue an employee for theft?

If the issue is a simple case of fraud, there are extensive state and federal statutes allowing civil lawsuits for employee fraud, depending on the method and amount stolen. Before suing an employee for theft, you may want to discuss the case with an experienced employment attorney near you.

Can a person be charged with theft of property?

Being charged with theft is often dependent upon the type of property stolen, or the value of the stolen property. An essential element to any theft crime is the unlawful taking away of property. Property can be defined broadly under criminal laws, as it can include moveable property as well as immovable property.

What happens if you are convicted of theft?

Criminal theft crimes are prosecuted by the state. If found guilty of theft, a person may receive prison time, fines, or community service as punishment.

Can you go to prison for civil theft?

But unlike criminal cases, where one is found guilty or not guilty, no one can be sentenced to prison time for civil theft cases since it is a lawsuit based upon monetary damages. Another important distinction between civil theft and criminal theft is the burden of proof needed to rule in your favor.

What happens to a person convicted of theft?

Criminal theft crimes are prosecuted by the state, and when a person is found guilty they may serve prison time, have to pay fines, or have to do community service as punishment.