Proving a Claim for Conversion (Theft)

March 23, 2023by Jeffrey Davis

In order to prove a claim for conversion, the following elements must be established:

  1. Ownership or right to possession: The plaintiff must establish that they had ownership or a right to possession of the property that was converted. This can be proven through evidence such as bills of sale, contracts, or other documentation.
  2. Conversion: The plaintiff must establish that the defendant converted the property in question. Conversion occurs when someone wrongfully takes or uses someone else’s property without their permission. This can include physical taking of the property, using it without permission, or selling it without authorization.
  3. Damages: The plaintiff must establish that they suffered damages as a result of the conversion. This can include the value of the property that was taken, any costs incurred as a result of the conversion, and any other losses suffered.

To prove a claim for conversion, the plaintiff must present evidence to support each of these elements. This may include testimony from witnesses, physical evidence, and documentation such as contracts or bills of sale. The burden of proof rests with the plaintiff, and they must provide sufficient evidence to convince the court that the defendant is liable for conversion.