When you want to reclaim the value of your personal property that was damaged or altered by some elseâs unauthorized use, you can file a lawsuit for conversion. Please try again. Contact one today.
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This intentional tort is the civil law equivalent of a criminal theft charge. It may be necessary to consult with a lawyer if you have a conversion claim. Learn more about FindLawâs newsletters, including our terms of use and privacy policy. Some courts allow for punitive damages or exemplary damages to punish malicious or fraudulent behavior. This intentional tort is the civil law equivalent of a criminal theft charge. Are you a legal professional? Conversion is the civil equivalent of criminal theft charges. Generally, intentional tort claims must be filed within three to six years of occurrence.
State laws determine what damages are available and how damages are calculated. For example, you could recover lost wages if your neighbor damaged your bike and you couldnât get to work.
To make out a conversion claim, a plaintiff must establish four elements: Individuals who want to sue to reclaim the value of their property may sue in small claims court or by hiring a civil attorney to handle the case for them.
When you want to reclaim the value of your personal property that was damaged or altered by some else’s unauthorized use, you can file a lawsuit for conversion. Itâs not necessary to prove that the defendant intended to harm the property. We recommend using Property without physical substance, such as trade secrets or intellectual property rights, are not usually subject to conversion unless they have been merged into a physical form like stocks or insurance policies. All rights reserved. Internet Explorer 11 is no longer supported. So if your neighbor damaged a $1,700 racing bike you bought five years ago, the court will set the damages at fair market value for a used racing bike. Many conversion claims can be filed in small claims court without the help of an attorney. Google Chrome, Copyright © 2020, Thomson Reuters. Stay up-to-date with how the law affects your life, Name In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Each state sets its own statutes of limitations for civil cases. It applies when someone intentionally interferes with personal property belonging to another person. The tort of conversion covers a much broader range of interference with property than just loss of physical possession. The bike isnât rideable in this condition and the neighbor refuses to replace it. But if your claim concerns valuable property or your ownership of the property is in dispute, an experienced personal injury attorney can help protect your interests. In England & Wales, it is a tort of strict liability. Contact an Attorney about Your Conversion Claims. Most anything you own thatâs moveable can be subject to conversion. In this case, plaintiffs were not entitled to immediate possession of treasury bills when they were alleged to have been converted.
You could file a criminal complaint with the police, but that wonât get your bike fixed. Firefox, or
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