Minnesota Complaint for Conversion Seeking Punitive Damages

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Multi-State
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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

The UCC has a 4-year statute of limitations under Minn. Stat. § 336.2-725(1).

There is no limitation period (meaning an indictment or charge may be brought at any point during the life of the defendant) for the following crimes: Any crime resulting in the death of the victim. Kidnapping. Labor trafficking of an individual under the age of 18.

The statute of limitations for a conversion claim is six years from the time of any wrongful act over the plaintiff's property. See Minn. Stat. § 541.05, subdiv.

Conversion requires the following two elements: ?(1) the plaintiff has a property interest and (2) the defendant deprives the plaintiff of that interest.? Lassen v. First Bank Eden Prairie, 514 N.W. 2d 831, 838 (Minn.

549.191 CLAIM FOR PUNITIVE DAMAGES. At the hearing on the motion, if the court finds prima facie evidence in support of the motion, the court shall grant the moving party permission to amend the pleadings to claim punitive damages.

Conversion is a tort that occurs when a person ?willfully interferes with the personal property of another without lawful justification, depriving the lawful possessor of use and possession.? Williamson v. Prasciunas, 661 N.W. 2d 645, 649 (Minn.

(a) Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others.

The time limits for civil claims and other actions in Minnesota vary from two years for personal injury claims to 10 years for judgments. Fraud, injury to personal property, and trespassing claims have a six-year statute of limitations, as do both written and oral contracts.

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Minnesota Complaint for Conversion Seeking Punitive Damages