Alabama Complaint for Conversion Seeking Punitive Damages

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Multi-State
Control #:
US-02074BG
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Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

[27] The tort of conversion ?involves a wrongful interference with the goods of another, such as taking, using or destroying these goods in a manner inconsistent with the owner's right of possession?: Boma Manufacturing Ltd. v. Canadian Imperial Bank of Commerce, 1996 CanLII 149 (SCC), [1996] 3 S.C.R.

Additionally, monetary damages may be requested to compensate the plaintiff for any losses suffered as a result of the conversion, such as the market value of the property at the time of conversion or any lost profits.

Damages awarded in respect of a tort. The general aim of an award of damages in tort is to put the injured party in the same position as they would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to their pre-incident position.

The cap for punitive damages in personal injury lawsuits is three times the amount of compensatory damages or $1,500,000 ? whichever is greater. For most cases not involving physical injury, punitive damages cannot exceed three times the compensatory damages or $500,000 ? whichever is greater.

A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

The purpose of damages in a conversion case is to ?to compensate for the injury.? Where the measure of damages works an injustice, the court has ?the discretion required to fashion an equitable remedy.? The rule of damages for the tort of conversion is that a ?conversion should not unjustly enrich either the wrongdoer ...

Punitive damages are intended to punish the person who committed the conversion and to deter others from committing similar acts. Generally, punitive damages may be awarded in cases where the conversion was committed with malice, fraud, or gross negligence.

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Alabama Complaint for Conversion Seeking Punitive Damages