How To Prove A Texas Conversion Claim

 

 

In Texas, 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 plaintiff owned, had legal possession of, or was entitled to possession of property. The plaintiff must show that they owned the property, had the legal right to possess it, or were entitled to have it, which is essential for proving a conversion claim where someone wrongfully took or used their belongings.
  

  Facts that might support this element look like:

  * The plaintiff purchased the property in question on January 15, 2022, and holds the original receipt as proof of ownership.
  * The plaintiff has maintained continuous possession of the property since its purchase, storing it securely in their garage.
  * The plaintiff’s name is listed on the title deed, establishing their legal ownership of the property.
  * The plaintiff has paid all relevant taxes and fees associated with the property, demonstrating their entitlement to possession.
  * The plaintiff provided a written agreement to a third party, granting them temporary use of the property, which has since expired.

• Element 2. The defendant assumed and exercised dominion and control over the property in an unlawful and unauthorized manner, to the exclusion of and inconsistent with the plaintiff’s rights. The defendant took control of the property without permission and used it as if it were their own, ignoring the rightful owner’s rights and preventing them from using or enjoying it.
  

  Facts that might support this element look like:

  * The defendant took possession of the plaintiff’s vehicle without permission and refused to return it despite multiple requests.
  * The defendant changed the locks on the plaintiff’s rental property, preventing the plaintiff from accessing their belongings.
  * The defendant sold the plaintiff’s personal property at a garage sale without any authorization or consent from the plaintiff.
  * The defendant used the plaintiff’s credit card for personal purchases without the plaintiff’s knowledge or approval.
  * The defendant removed the plaintiff’s artwork from their home and displayed it at a public event without permission.

• Element 3. The defendant refused the plaintiff’s demand for the return of the property. In a conversion claim, this means that the person being accused (the defendant) did not agree to give back the property that the other person (the plaintiff) asked for, showing that they are wrongfully keeping something that doesn’t belong to them.
  

  Facts that might support this element look like:

  * The plaintiff formally requested the return of the property via a written notice sent on January 15, 2023.
  * The defendant acknowledged receipt of the plaintiff’s demand but failed to respond within the specified timeframe.
  * The defendant explicitly stated during a conversation on February 1, 2023, that they would not return the property.
  * The plaintiff provided evidence of multiple attempts to retrieve the property, all of which were ignored by the defendant.
  * The defendant has continued to use the property despite the plaintiff’s repeated requests for its return.

^{(See Lopez v. Castellano No. 13-08-00336-CV (Tex. App. Feb. 25, 2010).)}
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 TX Conversion Claim

U.S. Civil Cases Only