Conversion is an interference with another’s ownership of personal property. This type of action is brought when someone wrongfully assumes or exercises ownership over property belonging to another, in denial of, or inconsistent with, the owner’s rights. The most obvious way someone can commit conversion is by taking personal property that belongs to someone else without permission. However, one can also commit conversion by receiving and retaining property from someone who does not have the right to give the property away.
Proving a Claim
For claims of conversion, a plaintiff must prove the following elements: (1) the ownership or right to possession of the property at the time of the conversion; and (2) the wrongful exercise of control by the defendant over the plaintiff’s property, depriving the plaintiff of possession.
Defendants, on the other hand, must be able to overcome the facts in some meaningful way. For instance, as a defendant, did you have an ownership interest in the property? Were you given permission to use the property? Defending such a claim can be fact-intensive.
If you are considering suing for a claim of conversion, or if you have been served with a complaint alleging conversion against you, you may choose to consult with a civil attorney. The Attorneys at Hale Ball have helped clients dealing with conversion with regard to the elderly, attorneys-in-fact, estate administration, business litigation, and more.
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