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Complaint for Conversion Seeking Punitive Damages

New York Complaint for Conversion Seeking Punitive Damages

Category:

Civil Procedure - Conversion

State:

Multi-State

Control #:

US-02074BG

Format:

Instant download

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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How to fill out Complaint For Conversion Seeking Punitive Damages?

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FAQ

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.

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.

Generally, punitive damages may be allowed when the conversion involves elements of fraud, ill will, malice, recklessness, wantonness, oppression, insult, willful, conscious disregard of the plaintiff's rights, or other aggravating circumstances. (In re Brian S. (1982) 130 Cal. App.

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

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 for conversion depend on how valuable the property was before it was stolen, the time and place that the property was stolen from, interest therefrom, and lost profits if profits were understood to come from the property stolen.