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Establishing the Elements for a Conversion Action

Conversion is a cause of action arising from a defendant wrongfully asserting control over another's property inconsistent with the ownership rights of the plaintiff. To maintain an action for conversion, the plaintiff must have possession of the property or an immediate right to possession of it at the time the conversion occurs. While, in most cases, an action for conversion is brought by the real owner of the property an action for conversion may also be maintained by one who is entitled merely to the property's possession, rather than ownership of the property. Rather, conversion is regarded as a possessory cause of action. Therefore, it may be based on a disturbance of the plaintiff's right to possession of the property. Thus, a licensee or conditional vendee may maintain an action for conversion although the legal title to the property in question belongs to a third property. In other words, a plaintiff's right to bring a conversion action is based on the right to possession. Therefore, a lienholder with possession or right to possession may bring a lawsuit for the conversion of the property involved.

Before a plaintiff files a lawsuit for conversion, he or she should consult with an experienced West Palm Beach conversion lawyer. He or she will advise the plaintiff of his or her rights as an owner or lienholder. For instance, a lienholder is considered to be an owner for the purposes of conversion if he or she has a present right of possession. However, neither future possessory interests nor contingent interests are sufficient for a plaintiff to maintain a conversion.

A cause of action for conversion may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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