Civil Theft Demand

May 15, 2008

To Whom it Concern:

 

We have been retained to represent Mr. Kalvin Donnell Redacted with regard to the wrongful retention and destruction of his 1993 Cadillac Deville.  Specifically, you retained the car belonging to Mr. Redacted without his authority.  As a result, the car belonging to Mr. Redacted was retained and destroyed without his consent. This constitutes civil theft.

 

My firm’s research has revealed that the vehicle is currently valued at $4,500.  In accordance with sec. 772.11, Florida Statutes, demand is hereby made for you to return the vehicle, as well as any items located inside of the vehicle.  If the return of the vehicle is not possible, then a demand is hereby made for you to return the value of the vehicle, as well as the value of the items inside of the vehicle.  Be aware that the statute authorizes treble damages bringing the value of the damages and the demand to $13,500.

 

The statute allows you 30 days from the receipt of this letter within which to comply with this demand.  If you comply, you may be given a written release from further civil liability for the wrongful retention of the car.  The statute also provides that in the event a lawsuit is filed to enforce this demand, my client’s reasonable attorneys’ fees and court costs may be recovered from you in addition to the other amount being sought.  This notice is provided to you as a condition precedent for filing a lawsuit.  As we mentioned before, treble damages are also available.

 

In addition to the aforementioned, your bank accounts and/or brokerage account may be subject to attachment, levy or garnishment in order to satisfy said amounts due.  You should be aware that, in the event this becomes necessary, attorneys’ fees may also be collectable.

 

Further, property you own, such as land, automobiles, jewelry and other assets may be sold at auction to pay the above noted debt.  Again, if my client is forced to succumb to said procedures, you may be also liable for the necessary attorneys’ fees associated with said sale (in addition to fees charged by the sheriff or other law enforcement officers). These sums, including attorneys’ fees, would be payable out of the proceeds of the sale.

 

You should immediately return the money to my client via payment to our firm.  The payment of $13,500 can be addressed to:

 

Michael Massey

P.O. Box 2638

Gainesville, FL 32602

 

Your payment should be delivered there.  This offer will remain open for thirty days.

 

Govern yourself accordingly.

 

 

cc:              Client