North Carolina Complaint for Conversion of Personal Property by Co-Owner and Request for Partition

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Multi-State
Control #:
US-01705BG
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Word; 
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Description

Conversion is 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 prove that he or she demanded the property returned and the defendant refused to do so.


An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits.

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FAQ

To prevail on a conversion claim, you need to establish two elements: (1) that you are the proper owner of the property and. (2) that the property is or has been wrongfully possessed and converted by the defendant.

North Carolina's statutory conversion procedure can achieve either goal?either changing an LLC's entity type or changing its legal home state (i.e., its state of formation or domicile).

For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.

Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.

You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

To prevail on a conversion claim, you need to establish two elements: (1) that you are the proper owner of the property and. (2) that the property is or has been wrongfully possessed and converted by the defendant.

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North Carolina Complaint for Conversion of Personal Property by Co-Owner and Request for Partition