Virginia 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

You may award punitive damages only if [name of plaintiff] proves by clear and convincing evidence that [name of defendant] engaged in that conduct with malice, oppression, or fraud.

Punitive Damage Limits in Virginia While the exact value of your potential punitive damage award is dependent on the facts of your case and the arguments you make, Virginia law limits the amount of punitive damages to a maximum of $350,000.

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.

The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.

Conversion is an intentional tort that protects against interference with one's possessory and ownership interests in personal property. It involves the unauthorized exercise of right of ownership over the personal belongings of another person. The law protects your personal property in a number of ways.

Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Under Virginia law, a plaintiff seeking punitive damages must prove that the defendant's conduct was deliberate or so reckless that it was evidence of a conscious disregard for others' safety.

That the applicable punitive damages statute could not have given notice that the conduct was prohibited) or through the lens of the common law (in the sense that the defendant's conduct could not be deemed objectively unreasonable), the Constitution prohibits the imposition of punishment under such circumstances.

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Virginia Complaint for Conversion Seeking Punitive Damages