Illinois Complaint for Conversion Seeking Punitive Damages

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Multi-State
Control #:
US-02074BG
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Word; 
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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

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.

Under Illinois law, a cause of action for conversion requires proof of the following elements: "(1) a right in the properly; (2) the right to immediate, absolute, and unconditional Possession of the property; (3) defendant's unauthorized and wrongful assumption of control, dominion, or ownership over the property; and ...

Conversion damages refer to the monetary compensation that may be awarded to a person whose property has been converted (taken or used without permission).

Who Is Entitled to Punitive Damages in Illinois? Under Illinois law, juries may impose punitive damages if the defendant acted intentionally, fraudulently, or willfully. Gross negligence also applies.

It can be an intentional exercise of control over the other person's money or assets which may interfere with their right to power it and use what they want for themselves. In terms of a lawsuit, conversion is considered to be an offense.

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 ...

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

The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the ...

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Illinois Complaint for Conversion Seeking Punitive Damages