In an action by a personal property owner against the lienholder for wrongful conversion of the property covered by the lien, the property owner is generally only entitled to recover the excess of the fair market value of the property over the amount of the debt for which it was security.
Instruction to Jury Regarding Damages for Conversion by Lienholder
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FAQ
A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion.
Generally, punitive damages may be allowed when the conversion involves elements of fraud, ill will, malice, recklessness, wantonness, oppression, insult, willful, conscious disregard of the plaintiff's rights, or other aggravating circumstancesxii.
Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person.
By tortuous taking; by any use or appropriation of the use of the person in possession, indicating a claim of right in opposition to rights of the owner; or. refusal to give up possession to the owner on demand.
A: In a jury trial, the jury is the trier of fact. The jury determines the facts, based upon testimony, and usually determines the amount of money that would fairly compensate the injured party.By statute, judges are required to review the amount of damages based upon the facts and circumstances presented to the jury.
Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person.
Criminal Conversion: A person who knowingly or intentionally exerts unauthorized control over the property of another person commits criminal conversion.
When you want to reclaim the value of your personal property that was damaged or altered by some else's unauthorized use, you can file a lawsuit for conversion. This intentional tort is the civil law equivalent of a criminal theft charge.