What is Conversion Tort Law

Conversion is the deprivation of another persons right to use or possess personal property. It is important to note that the property at issue is not "real property” which, in turn, is usually defined as land and attached improvements on land. All other property is generally considered “personal property” or “chattels.” 

When a person intentionally interferes with another's property, its conversion has occurred. It can be an intentional exercise of control over the other person's money or assets which may interfere with their right to power it and use what they want for themselves. In terms of a lawsuit, conversion is considered to be an offense. It often occurs in conjunction with other offenses such as breach of fiduciary duty or civil theft during will disputes and trust lawsuits.

Conversion lawsuits can also include accusations of civil theft or fraud if it is determined that the trustee or personal representative actually took assets illegally. The accused may have to pay back the other side with full value for any property they stole in a lawsuit. No one wants to take legal action against a friend or family member for conversion. However, if they are knowingly taking advantage of you and others in your life it may be necessary for you to consider the best course of action for yourself so that justice can prevail.


Defenses to Conversion 

  • Abandonment of property by plaintiff
  • Authority of law
  • Consent or approval of plaintiff
  • Statutes of limitation
  • Interest of defendant 
  • Lack of value of property
  • Nonexistence or lack of identity of property
  • Privilege.(In certain circumstances and under specific statutes, a defendant has the privilege to claim possession of property after proceeding along statutory lines. Storage facilities such as warehouses can seize stored goods if they proceed with this in mind.)
  • Unlawful and illegal acts
  • Waiver, ratification, and estoppel

If you need legal assistance for your conversion case, contact McNamara Legal today for a Free Consultation by dialing 312-719-7959.

When Hiring a Chicago Conversion Attorney

When searching for a Chicago conversion lawyer, it is important to know, Ana McNamara is well versed malicious prosecutions laws and brings a vast experience helping people resolve the most complex conversion cases both in and outside of the courthouse. McNamara is a well known civil litigation attorney providing professional legal services and represents clients with consumer protection issues throughout Cook County, Illinois and has handled various cases at the Richard J. Dailey Center.

Call our office for a free consultation to discuss your conversion case. We can represent both sides and have a vast array of experience to help you win your case, so call us today at 312-719-7959.

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