Georgia Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.

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FAQ

The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property. Punitive damages are also possible, because conversion is an intentional tort. The standard remedy in a detinue action is an order that the property be returned.

A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such ...

Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your private property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction. Severely damages or misuses your property.

Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.

Penalty for Theft by Conversion in Georgia If the property stolen is valued at less than $1,500, then you will be charged with misdemeanor theft by conversion. On the other hand, if the money or property is assessed at more than $1,500, you will likely be facing felony charges.

Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.

The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the property of another shall be brought within ...

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Georgia Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion