It may be necessary to consult with a lawyer if you have a conversion claim. This can be frustrating because it may not provide enough compensation to replace the property. To make out a conversion claim, a plaintiff must establish four elements: Please try again. State laws determine what damages are available and how damages are calculated. All rights reserved. A conversion claim is a wrongful assumption or exercise of the right of ownership over goods belonging to another in denial of or inconsistent with the owner’s rights. 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. Conversion lawsuits can sometimes be very complicated. Copyright © 2020, Thomson Reuters. Defendantâs actions are the legal cause of your loss of property. It applies when someone intentionally interferes with personal property belonging to another person. However, some state courts are trending toward recognizing intangible property as personal property. Conversion is a tort that exposes you to liability for damages in a civil lawsuit. Generally, intentional tort claims must be filed within three to six years of occurrence. In this case, plaintiffs were not entitled to immediate possession of treasury bills when they were alleged to have been converted. Defendant intentionally interfered with your possession. Conversion is the civil equivalent of criminal theft charges. Many conversion claims can be filed in small claims court without the help of an attorney. Stay up-to-date with how the law affects your life, Name In England & Wales, it is a tort of strict liability. 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". | Last updated December 04, 2018. We recommend using Visit our professional site », Created by FindLaw's team of legal writers and editors In setting damages, the court looks at the value of the property at the time of the conversion. For a successful conversion claim, you have the burden of proving that: Since conversion is an intentional tort, you must show that the defendant purposefully took your property in a manner that interfered with your interest in the property. Internet Explorer 11 is no longer supported. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Damages for a conversion claim are based on a principle of fairness. The bike isnât rideable in this condition and the neighbor refuses to replace it. Google Chrome, You could file a criminal complaint with the police, but that wonât get your bike fixed. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Are you a legal professional? The period in which a lawsuit must be filed is known as a statute of limitations. Itâs not necessary to prove that the defendant intended to harm the property. You may need to show a demand for the return of your property or reasonable compensation was made before filing your lawsuit. Firefox, or Its equivalents in criminal law include larceny or theft and criminal conversion. If you file your conversion claim after the statute of limitations has run, your claim will be denied. Search, recognizing intangible property as personal property, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts, Substantially changes your property, like cutting down trees to use the wood in construction, Severely damages or misuses your property. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. 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. Real estate isnât moveable, so itâs not covered. The email address cannot be subscribed. This intentional tort is the civil law equivalent of a criminal theft charge. Conversion can occur when someone, acting without your consent, does any of the following with your property: Wrongful conversion only applies to physical personal property, such as a bike, cell phone, or computer. As you can see, damages in a conversion case depend largely on the rules and laws in a particular area. Contact an Attorney about Your Conversion Claims. For example, you could recover lost wages if your neighbor damaged your bike and you couldnât get to work. However, an actual demand and refusal is not required if the property was wrongfully taken without your consent, or the defendantâs actions make it clear that demand would be useless. Contact one today. You are also entitled to recover costs directly associated with the loss of the property. The tort of conversion covers a much broader range of interference with property than just loss of physical possession. Microsoft Edge. 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. Conversion can occur when someone, acting without your consent, does any of the following with your property: Contact a qualified personal injury attorney to make sure your rights are protected. Your neighbor took your bike without asking and now the frame is bent. 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. 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. Most anything you own thatâs moveable can be subject to conversion. Each state sets its own statutes of limitations for civil cases. If someone takes or otherwise seriously interferes with your use or enjoyment of personal property, you should be compensated. 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. 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. Learn more about FindLawâs newsletters, including our terms of use and privacy policy.
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