In a cause of action for conversion or replevin, actual possession of the property by the plaintiff at the time of the conversion is not essential to the right to maintain an action. For instance, liability for conversion of an insurance policy may exist even though the policy is, at the time, in the possession of a bank as security for a loan made to its owner. Additionally, a transferee of personal property, or of a interest therein, who acquires the right of possession by the transfer of the property may maintain an action for conversion committed after the transfer, even though he or she has not yet received actual possession of the goods. Accordingly, while possession itself is not necessary, the plaintiff must appear to have a right to possession of the property at the time of the conversion. Therefore, the plaintiff's right of possession in this regard should be a present or immediate one. A West Palm Beach conversion lawyer would advise a plaintiff that if he or she only has a lien on chattels with no right to their possession cannot maintain an action for their conversion. In other words, a plaintiff must prove he or she has title to the property or a right in the chattel by a showing of proof of his or her possessory right therein.

A cause of action for conversion and replevin 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.