A person has the right to own, possess, and use their personal property and land without interference from anyone. When someone seriously and intentionally interferes with the owner’s rights concerning use and possession to the point of depriving them of their property, that person has committed conversion.
Trespass to chattel is similar to conversion in that they both involve the intentional interference with the right to possess the chattel or personal property.
The primary difference between trespass to chattel and conversion is the degree to which the interferer possessed or used the chattel. For example, if the defendant took the plaintiff’s book and held it in their possession for a few hours, that is considered trespass to chattel. However, if the defendant took the plaintiff’s book and sold it, that is considered conversion because the defendant converted the property into their own possession.
Common defenses to conversion include:
You should seek advice from a personal injury attorney about filing a lawsuit or answer to a conversion lawsuit. The attorney will advise you how to proceed with your conversion lawsuit.
Last Modified: 08-03-2015 04:11 PM PDTLaw Library Disclaimer
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