How To Prove A Tennessee Conversion Claim

 

 

In Tennessee, a claim of Conversion is defined as:

Conversion occurs when a party takes away another party’s property by use or alteration in ways inconsistent with owner’s rights.

It simply means:

When someone illegally takes over another’s property.

There are 3 elements of the claim:

• Element 1. The defendant appropriated another’s property for their own use and benefit. The defendant took someone else’s belongings and used them as if they were their own, without permission, which is a key part of a conversion claim in law.
  

  Facts that might support this element look like:

  * The defendant took possession of the plaintiff’s laptop without permission and used it for personal projects.
  * The defendant sold the plaintiff’s artwork at a local market, profiting from the sale without the owner’s consent.
  * The defendant borrowed the plaintiff’s car and failed to return it for several weeks, using it for personal errands.
  * The defendant accessed the plaintiff’s bank account and transferred funds to their own account without authorization.
  * The defendant removed the plaintiff’s furniture from their apartment and placed it in storage for their own use.

• Element 2. The defendant intentionally exercised dominion over the property. The defendant deliberately took control of someone else’s property, treating it as their own, which is a key part of proving a conversion claim in court.
  

  Facts that might support this element look like:

  * The defendant took possession of the plaintiff’s property without permission and refused to return it upon request.
  * The defendant sold the plaintiff’s property to a third party, profiting from the unauthorized transaction.
  * The defendant altered the plaintiff’s property, demonstrating control and intent to treat it as their own.
  * The defendant knowingly used the plaintiff’s property for personal gain, disregarding the plaintiff’s ownership rights.
  * The defendant concealed the plaintiff’s property, preventing the plaintiff from accessing it for an extended period.

• Element 3. The defendant acted in defiance of the true owner’s rights. The defendant knowingly took or used someone else’s property without permission, showing a clear disregard for the rightful owner’s rights to that property.
  

  Facts that might support this element look like:

  * The defendant knowingly took possession of the plaintiff’s property without permission or consent.
  * The defendant refused to return the property to the plaintiff despite multiple requests for its return.
  * The defendant sold the plaintiff’s property to a third party, disregarding the plaintiff’s ownership rights.
  * The defendant altered the property in a way that diminished its value, demonstrating a lack of respect for the plaintiff’s rights.
  * The defendant was aware that the property belonged to the plaintiff but chose to retain it anyway.

^{(See Lankford v. City of Hendersonville No. M2016-02041-COA-R3-CV (Tenn. Ct. App. Mar. 29, 2018).)}
If you’re in court without a lawyer and plan to assert a Claim of Conversion, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Claim of Conversion.

Prove Your TN Conversion Claim

U.S. Civil Cases Only