Conversion claims and lawsuits in America
Conversion is defined as interference with another person’s property that is done on purpose with the goal of robbing the owner of their possessions. The owner of the property (the plaintiff) must demonstrate each of the elements of the claim, which are as follows:
When the property was converted, the plaintiff had ownership or other legal claim to it;
the defendant illegally took possession of the property or obstructed the owner’s use of it; without the plaintiff’s permission; As a result, the plaintiff sustained losses.
Conversion is more than simple theft because it involves actual interference with the plaintiff’s ownership and possession rights.
Additionally, but not exclusively, the following types of behavior can be covered by this claim:
removing the plaintiff’s belongings;
refusing to update the ownership information after a sale (such as one of a car);
altering a piece of property so that it can no longer be used properly or at all; or
not fulfilling a person’s obligation to deliver money or property.
Only personal property is subject to a claim for conversion; real property is not. Real property is land or buildings that are affixed to it, such as a house.
To provide a remedy for a victim of a taking of real property, various legal claims are created. A person who loses his or her property has the right to file a claim and receive damages, including but not limited to:
Recovering the Property: Under common law, replevin is the legal term for suing for the return of a specific piece of property. This makes it possible for someone to reclaim what has been wrongfully taken from them.
Value of the Property: An individual may instead bring a claim based on the property’s value at the time of the conversion and the interest that has accrued since the property was taken.
Costs Associated with Recovering the Property: A lawsuit can be used to recoup the costs associated with recovering property that has been wrongfully converted.
Injunction: An injunction is a court-issued command to do something or not to do something. A court may order a defendant in conversion cases to stop engaging in the conduct that led to the case in the first place.
