What Is Conversion? Suing When Someone Won't Return Your Property

It can be frustrating when you lend something to a friend, and they don’t return it or claim it’s now theirs. You may assume this dispute is merely a personal matter with no legal recourse. However, this is not necessarily the case. Civil law recognizes a claim for conversion. Conversion occurs when someone intentionally takes, keeps, uses, or disposes of another person’s personal property. If you succeed, you may be entitled to the property’s fair market value at the time of conversion.

If someone has taken your property and it’s valuable enough to warrant legal counsel, contact an experienced personal injury attorney in your area. They can explain your legal options and whether filing suit makes sense.

What Is Conversion in Tort Law?

Conversion is a civil wrong that involves taking, keeping, using, or disposing of another person’s personal property. The wrongdoer acts as if they own the property converted.

Conversion involves “chattel,” which means movable personal property such as vehicles, jewelry, equipment, personal electronics, or furniture. Conversion does not typically apply to real property (land and buildings) or intangible property. In some cases, money can qualify, especially when it refers to specific, identifiable funds.

Common Types of Conversion

Conversion can occur in several types of situations, including the following:

• Taking property without permission
• Refusing to return property after a lawful loan or rental period ends
• Selling, destroying, or substantially altering someone else’s property
• Delivering property to the wrong person

Conversion requires intent. The defendant must intend to control the property, but they do not need to intend the harm. For example, someone who purchases stolen goods in good faith may still be liable for conversion.

Legal Elements a Plaintiff Must Prove in a Conversion Claim

Reviewing the legal elements a plaintiff must prove for a conversion claim may help to assess the strength of a potential claim.

Element 1: Ownership or Right To Possess

The first element in an action for conversion requires the plaintiff to prove they owned the property (or had the right to immediate possession of the item) at the time of the interference. Helpful evidence includes:

• Receipts, titles, or registration documents
• Photos showing the item in the plaintiff’s possession
• Contracts, loan agreements, or rental terms

However, the right to possess the property can belong to someone other than the owner, such as a renter or lessee.

Element 2: Wrongful Act or Refusal To Return After Demand

The second element for a conversion claim is that the defendant intentionally exercised control in a way that conflicts with the plaintiff’s rights. If the defendant first obtained the property lawfully–such as when an individual lends an item to someone–the plaintiff usually needs to show:

• A clear demand for return
• Any claim or police report that you filed relating to the request
• Evidence of the defendant’s refusal or failure to comply

It’s helpful to make the demand in writing or on video. Keep copies and record dates related to the property and the claim. If the defendant wrongfully took the property from the start, a demand may not be necessary.

Element 3: Resulting Financial Harm

To prevail in a conversion claim, a plaintiff must show they suffered a loss because of the defendant’s actions. The plaintiff may be entitled to the property’s fair market value at the time of conversion. Other possible damages in a conversion action include:

• Interest
• Loss-of-use costs
• Punitive damages in cases of malicious conduct

Evidence that may help show actual damage to the converted property includes appraisals, comparable sales listings, and repair or replacement estimates.

Distinguishing Conversion from Theft

Theft, unlike a civil claim for conversion, is a crime prosecuted by the government. A property owner can bring a civil claim to recover compensation for conversion. For a conversion claim, the government does not bring a case against the alleged wrongdoer.

The same act, however, can lead to both a criminal matter and a civil lawsuit related to personal injury law.

Conversion vs. Trespass to Chattels

Trespass to chattels is the intentional interference with someone’s personal property that falls short of a serious deprivation. This could include someone briefly borrowing your car without permission and then returning it. It can also occur when someone temporarily moves or hides an item you own, or causes minor damage to it.

Degree of Interference in Conversion and Trespass to Chattels

A key difference between conversion and trespass to chattels is the degree of interference. Trespass to chattels involves a minor or temporary interference. Conversion, by contrast, requires a serious interference that effectively denies the owner their rights to the property.

There are several factors a court uses to determine whether the case involves conversion or trespass to chattels, including:

• How long the defendant kept the property
• How much harm was done to it
• Whether the defendant acted in good or bad faith
• The inconvenience and expense caused to the owner

Legal Remedies for Trespass to Chattels

For trespass to chattels, a plaintiff can receive compensation for harm. Compensation can include the cost of repair or the value of lost use. The particular damages available depend on the specific injury. With conversion law, the defendant typically pays the full fair market value at the time of the conversion. This effectively forces a sale to the defendant.

Depending on the jurisdiction, owners may also seek the return of the item itself (often through a claim called replevin), plus possible interest or other damages.

When To Consult an Attorney When Someone Won’t Return Your Property

It may be unrealistic to consult an attorney every time someone takes your property and fails to return it. But sometimes the items may be valuable enough, financially or sentimentally, to justify legal action, especially if you believe the defendant can satisfy a judgment once you have a court order.

An experienced personal injury attorney in your area can review your evidence and explain your legal options. Speaking with a lawyer sooner rather than later is best, since these claims have a statute of limitations that could prevent you from bringing the claim altogether if you wait too long.