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Conversion Action

Intentional Torts : 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.  Additionally, the possessor's rights of ownership or title to the property are not relevant in an action for conversion.  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, and therefore, 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.  Accordingly, the interest which one must have in the property in order to maintain a conversion action may be either special or general. 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, and inform the plaintiff that even 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.  On the other hand, 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.

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.

 

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