What Should I Do About a Florida Store's Return Fraud Restitution Demand Before Being Charged?
Start a free AI-assisted chat and connect with an experienced Florida attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I am under investigation for return fraud. The store's loss prevention told me I have to pay $5,724 in restitution within three weeks, or they will contact their attorneys. I haven't been charged yet.
I was would like advice on what to do before I make any payments.
Attorney Answer
A demand letter for restitution before charges are filed is common and is usually a civil demand, not a court order, so nothing requires you to pay within the store's three-week deadline before you've had a chance to talk to an attorney.
Florida has a specific civil theft statute (Fla. Stat. § 772.11) that lets a merchant seek damages from someone accused of theft or fraud without necessarily involving criminal court. Before filing a civil lawsuit under that law, the merchant generally has to send a written demand and give the person a set period, typically at least 30 days, to pay before a case can even be filed. A three-week deadline set by loss prevention is likely a pressure tactic from the store or its attorneys rather than a strict legal cutoff, though the exact terms in your letter matter.
It's also important to separate the civil and criminal sides of this. Paying restitution to the store does not guarantee you won't be criminally charged, and criminal charges, if they come, are a completely separate process from this letter. At the same time, anything you say or pay now could potentially be used as part of that separate process, which is exactly why getting advice before doing anything is the right instinct.
What you can do
1. Get everything in writing. Ask the store or their attorneys to put the restitution demand and its basis in writing, if they haven't already sent something formal. 2. Don't pay or sign anything yet, since a payment or written admission can be used against you later, even in a criminal case. 3. Talk to a Florida criminal defense attorney before the three-week deadline, even if it means moving quickly, since they can respond to the store on your behalf and evaluate whether the claim and amount are even accurate. 4. Don't ignore the letter, since silence alone doesn't stop the process, but responding through an attorney rather than directly is generally safer.
Because whether formal charges follow, and how strong the store's claim actually is, depends on facts only you and the store have, this is general legal information, not legal advice, and a local Florida criminal defense attorney can review the letter and advise you on exactly how to respond before that deadline.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Florida
- File or look up a case through the Florida State Courts, which serves the state.
- Get free civil legal help from FloridaLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Does paying the restitution amount protect me from criminal charges?
No, not automatically. Paying a civil restitution demand and facing criminal charges are separate processes, and a payment doesn't guarantee the store or state won't still pursue charges.
Can the store really sue me for the full $5,724?
They can attempt to, but Florida's civil theft law requires proper written notice before filing suit, and the amount they can actually recover depends on proving your liability and their real damages. An attorney can evaluate whether the store's number is accurate.
What if I ignore the letter completely?
Ignoring it doesn't make the underlying issue go away and could allow the store to move forward with a lawsuit or push harder for criminal charges. Responding through an attorney, rather than not responding at all, is generally the safer path.
