Middlesex Massachusetts Complaint regarding Trover and Conversion of Auto by Mechanic

State:
Multi-State
County:
Middlesex
Control #:
US-CMP-10030
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Word; 
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Description

Complaint - Trover and Conversion of Auto by Mechanic: A Complaint is the pleading which marks the beginning of a lawsuit. This particular Complaint states that a Mechanic has unlawfully detained the Plaintiff's vehicle and the Owner seeks to have the automoble returned. This form is available in both Word and Rich Text formats.
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FAQ

Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person.

Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it).

Legal Definition of trover : an action at common law to recover the value of chattels or goods wrongfully converted by another to his or her own use compare detinue.

A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion.

Trover is an action brought to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. The remedy sought is the replacement value of the property before it was converted for the other's use.

Four elements are required to establish a prima facie case of negligence: the existence of a legal duty that the defendant owed to the plaintiff. defendant's breach of that duty. plaintiff's sufferance of an injury. proof that defendant's breach caused the injury (typically defined through proximate cause)

When you want to reclaim the value of your personal property that was damaged or altered by some else's unauthorized use, you can file a lawsuit for conversion. This intentional tort is the civil law equivalent of a criminal theft charge.

A common law action for recovery of damages for wrongful taking of personal property.

The theory of trover was that the defendant, by "converting" the chattel to his own use, had appropriated the plaintiff's property, for which he was required to make compensation. The plaintiff was not required to accept the chattel when it was tendered back to him.

Trover is an action brought to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. The remedy sought is the replacement value of the property before it was converted for the other's use.

More info

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Middlesex Massachusetts Complaint regarding Trover and Conversion of Auto by Mechanic