CONTACT

Connecticut Civil Theft Claims: Understanding Conn. Gen. Stat. § 52-564 and Treble (Triple) Damages

February 5, 2025

Introduction

Connecticut General Statutes § 52-564 provides a powerful civil remedy for victims of theft. Under this statute, anyone who steals property or knowingly receives and conceals stolen property is liable for three times the value of the stolen property. For example, if someone steals property worth $50,000, the court can order them to pay the victim $150,000. The statute’s treble damages provision serves both as a deterrent to theft and as enhanced compensation for victims.

This article provides an overview of Connecticut’s Civil Theft Statute (§ 52-564), explaining its key components and how it is applied in practice.

Civil Theft Statutory Definition and Case Law Interpretation

Connecticut General Statutes § 52-564 provides: “Any person who steals any property of another, or knowingly receives and conceals stolen property, shall pay the owner treble his damages.”

Courts interpret statutory theft under § 52-564 as equivalent to larceny under Conn. Gen. Stat. § 53a-119. Blackwell v. Mahmood, 120 Conn. App. 690 (2010). A person commits larceny under § 53a-119 when they wrongfully take, obtain, or withhold another’s property with the intent to permanently deprive the owner or appropriate it for themselves or a third party. Fernwood Realty, LLC v. AeroCision, LLC, 166 Conn. App. 345 (2016).

To establish statutory theft, a plaintiff must prove intent. Rana v. Terdjanian, 136 Conn. App. 99, cert. denied, 305 Conn. 926 (2012). Since direct evidence of intent is rarely available, courts infer intent from the defendant’s conduct, including actions before and after the theft. State v. Kimber, 48 Conn. App. 234, 240, cert. denied, 245 Conn. 902 (1998); Valencis v. Nyberg, 160 Conn. App. 777, 793 (2015).

Elements Plaintiff Must Prove

To prevail in a civil theft claim under Conn. Gen. Stat. § 52-564, the plaintiff must establish the following elements:

  1. Ownership or Lawful Possession – The plaintiff must demonstrate that they owned or had a legal right to possess the property at issue.
  2. Wrongful and Intentional Taking or Retention – The defendant must have intentionally and wrongfully taken the plaintiff’s property or knowingly received and retained stolen property. Mere negligence or mistake is insufficient—the defendant’s actions must be deliberate.
  3. Value of the Stolen Property – The plaintiff must prove actual damages, including the value of the stolen property, which serves as the basis for calculating treble damages.

The appropriate standard of proof for civil theft claims under § 52-564 is the preponderance of the evidence—meaning it must be more likely than not that the theft occurred. Applying a higher standard, such as “clear and convincing evidence,” is improper. Stuart v. Stuart, 297 Conn. 26 (2010).

Statute of Limitations

The statute of limitations for civil theft claims under Conn. Gen. Stat. § 52-564 is generally three years from the date the theft occurred. Conn. Gen. Stat. § 52-577. This period begins when the plaintiff discovers or reasonably should have discovered the theft. Certain Underwriters at Lloyd’s, London v. Cooperman, 289 Conn. 383 (2008); Generation Partners, LP v. Mandell, 2011 Conn. Super. LEXIS 1913 (2011). However, under Conn. Gen. Stat. § 52-595, the statute of limitations may be extended if the defendant fraudulently concealed their actions. Percival v. Bodnar, 2013 Conn. Super. LEXIS 132 (2013).

Examples of When to Bring Civil Theft Claim Under Connecticut General Statutes § 52-564 

A civil theft claim is appropriate when an individual intentionally deprives another of their property. Below are examples in various contexts:

Business and Commercial Settings

  • An employee embezzles company funds.
  • A business partner secretly sells company assets and keeps the proceeds.
  • A contractor accepts payment for services but never intends to complete the work.

Professional Services

  • A financial advisor misappropriates client investment funds for personal use.
  • A property manager collects rent but fails to remit payments to the property owner.

Personal Property Theft

  • Someone steals valuable jewelry or artwork from a home.
  • A caregiver takes money or possessions from an elderly person under their care.
  • A family member misappropriates inheritance assets before proper distribution.
  • An individual writes bad checks while knowingly having insufficient funds.

Real Estate and Property Management

  • A tenant removes fixtures or appliances from a rental property before vacating.
  • A contractor takes materials from a construction site that were already paid for by the property owner.

Digital and Intellectual Property

  • Someone steals proprietary software code or trade secrets.
  • A former employee downloads and sells confidential customer lists.
  • An individual illegally copies and distributes copyrighted material.
  • A contractor seizes control of a company’s digital assets and demands a ransom for their return.

Benefits of Filing a Civil Theft Claim:

The primary benefit of filing a civil theft claim under § 52-564 is the ability to recover three times the actual damages incurred. This provision not only deters wrongful conduct but also ensures that victims receive enhanced compensation for their losses. The risk of treble damages often encourages defendants to settle before trial rather than face the possibility of a substantially larger judgment. As a result, plaintiffs often benefit from faster and more favorable settlements. Lastly, a civil theft claim does not require a prior criminal conviction for theft or larceny. Plaintiffs can pursue compensation independently of any criminal proceedings, making it a standalone legal remedy for victims seeking financial recovery.

Conclusion

Connecticut General Statutes § 52-564 provides victims of theft with a potent legal remedy, allowing them to recover treble (triple) damages if they can prove that the defendant willfully and unlawfully took their property with the intent to permanently deprive them of it. As the civil counterpart to criminal theft laws, this statute serves both a compensatory and deterrent function, ensuring that victims receive restitution while holding wrongdoers accountable for their actions.


Lucas Rocklin creditors rights attorney New Haven CT
Lucas B. Rocklin

Lucas B. Rocklin is a creditor rights attorney. He has extensive experience in representing financial institutions and creditors in workout and litigation matters (commercial and consumer) including collections, foreclosures, bankruptcy and landlord-tenant litigation. Attorney Rocklin also practices labor law including collective bargaining agreement negotiations and arbitrations.

Joseph R. Dunaj Commercial Litigation Attorney New Haven CT
Joseph R. Dunaj

Joseph R. Dunaj is a member of the firm’s commercial litigation, and bankruptcy and creditor rights groups. His extensive experience includes representation of financial institutions and creditors in various collection cases and foreclosure cases, inclusive of settlement negotiations, title matters, and both appellate and bankruptcy work.

John T. Szalan II, associate with Neubert, Pepe & Monteith, P.C.
John T. Szalan II

John T. Szalan is a member of the firm’s commercial litigation and creditor rights groups. His experience includes representation of financial institutions, creditors, and institutional real estate clients, inclusive of settlement negotiations, title issues, and real estate transactions.