what type of damages can be claimed when seeking return of property?
2 Answers from Attorneys
This question is too vague for an accurate and complete response. Generally, however, you should be able to receive damages equal to an amount that would put you in relatively the same position as you would have been but for the conduct of another.
Conversion exists where one exerts wrongful dominion over another's personal property or wrongful interference with the owner's dominion. The act constituting "conversion" must be an intentional act, but it does not require wrongful intent and is not excused by care, good faith, or lack of knowledge. Conversion does not require a manual taking. Where one makes an unjustified claim of title to personal property or asserts an unfounded lien to said property which causes actual interference with the owner's rights of possession, a conversion exists.
If the property is returned, loss of use for the period of wrongful dominion is one measure of damages. Other damages may also apply. Your attorney can explain further.
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