Law Office Of Paul DePetris
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New Jersey Conversion Lawsuit Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY CONVERSION LAWSUITS AND NEW JERSEY TROVER LAWSUITS

WHAT IS A NEW JERSEY CONVERSION CASE?
A New Jersey conversion case is a “tort” case brought by a person claiming that another person interfered with the first person’s property. Another name for a New Jersey conversion case is a New Jersey “trover” case. A New Jersey conversion is the wrongful exercise of dominion and control over property owned by another in a manner inconsistent with the New Jersey property owner’s rights. Every person is liable for a New Jersey conversion lawsuit who personally or by agent commits a New Jersey conversion or who participates by instigating, aiding or assisting another. In a New Jersey conversion lawsuit has evolved to apply to money, bonds, promissory notes, and other types of securities, as long as the New Jersey conversion lawsuit plaintiff owner has an actual interest in the security and it is capable of misuse in a way that would deprive the New Jersey conversion lawsuit plaintiff owner of its benefit.

WHAT IS A NEW JERSEY “TORT” CASE
There are two types of civil cases in New Jersey – “tort” cases and “contract” cases. A New Jersey “tort” case is a category or type of case other than one based upon a contract. A New Jersey conversion case is a “tort” case that usually arises when the New Jersey conversion lawsuit plaintiffs and New Jersey conversion lawsuit defendants involved in New Jersey conversion case do not have some type of New Jersey contract with one another or when the dispute is outside the New Jersey contract’s terms.

WHO IS THE NEW JERSEY CONVERSION PLAINTIFF OWNER IN A NEW JERSEY
CONVERSION CASE OR A NEW JERSEY TROVER CASE?
A “plaintiff owner” is usually the person or company that files the New Jersey conversion case.

WHO IS A NEW JERSEY CONVERSION DEFENDANT IN A NEW JERSEY CONVERSION CASE OR A NEW JERSEY TROVER CASE?
A “defendant” who allegedly takes the New Jersey property is usually the person or company that is sued in a New Jersey conversion case. But in some cases, a New Jersey conversion defendant may file a counterclaim that starts the New Jersey conversion case by claiming that they are the victim whose property was taken. For simplicity’s sake this article assumes that the New Jersey property’s owner is also the New Jersey conversion plaintiff filing the New Jersey conversion case and that the New Jersey conversion case involves a New Jersey contract.

HOW DO I PROVE A NEW JERSEY CONVERSION CASE OR A NEW JERSEY TROVER
CASE?
A New Jersey conversion case consists of several elements. A New Jersey conversion case requires the wrongful exercise of dominion and control over property owned by another inconsistent with the New Jersey property owners' rights. To constitute a New Jersey conversion of goods, there must be some repudiation by the New Jersey conversion lawsuit defendant of the New Jersey conversion lawsuit plaintiff owner's right, or some exercise of dominion over them by the New Jersey conversion lawsuit defendant inconsistent with such right, or some act done which has the effect of destroying or changing the quality of the New Jersey property.

The theory behind a New Jersey conversion lawsuit is that the New Jersey conversion lawsuit defendant has exerted such a major and serious interference with the New Jersey conversion lawsuit plaintiff owner's rights to the New Jersey property l that in essence New Jersey conversion law forces a judicial sale of the New Jersey property on the New Jersey conversion lawsuit defendant. In weighing the seriousness of the interference with the New Jersey conversion lawsuit plaintiff owner's rights to the New Jersey property to determine if a conversion has occurred, the Court may consider the following factors:
• the extent and duration of the New Jersey conversion lawsuit defendant’s exercise of dominion or control;
• the New Jersey conversion lawsuit defendant’s intent to assert a right in fact inconsistent with the New Jersey conversion lawsuit plaintiff owner’s right of control;
• the New Jersey conversion lawsuit defendant’s good faith; the extent and duration of the resulting interference with the New Jersey conversion lawsuit plaintiff owner’s right of control;
• the harm done to the New Jersey property;
• the inconvenience and expense caused to the New Jersey conversion lawsuit plaintiff owner.

The mere use of the New Jersey property of another without permission of the New Jersey conversion lawsuit plaintiff owner does not necessarily amount to a New Jersey conversion. New Jersey conversion is an intentional tort in that the New Jersey conversion lawsuit defendant must have intended to exercise a dominion or control over the goods which is in fact inconsistent with the New Jersey conversion lawsuit plaintiff owner's rights. But the New Jersey conversion lawsuit defendant need not knowingly or intentionally act wrongfully for a New Jersey conversion to occur. Where possession of property is lawfully acquired, the New Jersey conversion lawsuit plaintiff owner must demand the New Jersey property’s return and the New Jersey conversion lawsuit defendant must refuse to return the New Jersey property.

Normally, where the relationship of the New Jersey conversion lawsuit plaintiffs and New Jersey conversion lawsuit defendants is governed by a New Jersey contract, there may be no viable New Jersey conversion case. New Jersey Courts have restricted its application to money to specific situations avoid turning a claim based on New Jersey breach of New Jersey contract into a tort claim. The alleged failure of a New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant to honor its obligations under a New Jersey contract is solely a breach of the New Jersey contract, and not a conversion of property of the other New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant to the New Jersey contract. Also, a New Jersey conversion case will normally not be available in a New Jersey debt collection situation. For, normally, a New Jersey conversion lawsuit of funds may not be maintained to satisfy a mere obligation to pay money representing a New Jersey debt between the New Jersey conversion lawsuit plaintiff and the New Jersey conversion lawsuit defendant.

WHAT DAMAGES ARE AVAILABLE IN A NEW JERSEY CONVERSION CASE OR NEW
JERSEY TROVER CASE?
The measure of damages to be awarded to a plaintiff owner entitled to a verdict in a New Jersey conversion case is the fair market value of the converted property at the time of conversion by a New Jersey conversion lawsuit defendant, with interest from the date of conversion. Fair market value is defined as the price which would be agreed upon in good faith negotiations between a willing seller without any compulsion to sell and a willing buyer without any compulsion to buy under usual and ordinary circumstances. Note that a New Jersey conversion can be applied to money. In certain New Jersey cases, punitive damages may be awarded. The purposes of New Jersey punitive damages are different from the purposes of New Jersey compensatory damages. New Jersey compensatory damages are intended to compensate the New Jersey conversion plaintiff owner for the actual injury or
loss he/she/it suffered as a result of the New Jersey conversion defendant’s misconduct.
In contrast, New Jersey punitive damages are intended to punish a wrongdoer and to deter the
wrongdoer from similar wrongful conduct in the future. New Jersey punitive damages are designed
to require the wrongdoer to pay an amount of money that is sufficient to punish New Jersey
conversion defendant for particular conduct and to deter that New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant from future misconduct. New Jersey punitive damages are not to be awarded as a routine matter in every case; they are to be awarded only in exceptional cases, to punish a New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant who/which has acted in an especially egregious or outrageous matter and to discourage that New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant from engaging in similar misconduct in the future. Therefore, a New Jersey conversion plaintiff owner is not entitled to New Jersey punitive damages simply because the New Jersey Court found that the New Jersey conversion defendant engaged in specific conduct or because the New Jersey Court awarded damages to compensate the New Jersey conversion plaintiff owner for his/her/its injury. The New Jersey court may award New Jersey punitive damages to a New Jersey malicious prosecution plaintiff owner only if the New Jersey court finds that the New Jersey conversion plaintiff owner has proved certain additional matters.

To support an award of New Jersey punitive damages, the New Jersey court must find that the New Jersey conversion plaintiff owner has proved, by clear and convincing evidence, that the injury, loss, or harm suffered by the New Jersey conversion plaintiff owner was the result of the New Jersey conversion
defendant’s acts or omissions and that either (1) the New Jersey conversion defendant’s conduct was malicious or (2) the New Jersey conversion defendant acted in wanton and willful disregard of (plaintiff owner’s) rights. Malicious conduct is intentional wrongdoing in the sense of an evil-minded act. Willful or wanton conduct is a deliberate act or omission with knowledge of a high degree of probability of harm to another who foreseeably might be harmed by that act or omission and reckless indifference to the consequence of the act or omission. The standard of “clear and convincing evidence”, mentioned above, means that evidence which leaves no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. This is different – and less – than proof beyond a reasonable doubt. This is also
different – and more - than a preponderance of evidence to support an award of New Jersey punitive damages. In determining whether to award New Jersey punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from the New Jersey conversion defendant’s conduct; (2) the New Jersey conversion defendant’s awareness or reckless disregard of the likelihood that such serious harm would arise from the New Jersey conversion
defendant’s conduct; (3) consider the conduct of the New Jersey conversion defendant upon learning that his/her/its initial conduct would likely cause harm; and (4) consider the duration of the conduct or any concealment of that conduct by the New Jersey conversion defendant.

WHAT DAMAGES ARE AVAILABLE IN A NEW JERSEY CONVERSION CASE OR NEW
JERSEY TROVER CASE IF THE NEW JERSEY CONVERSION LAWSUIT PLAINTIFF OWNER RECOVERS THE PROPERTY THAT WAS CONVERTED?
If a New Jersey conversion lawsuit plaintiff owner has accepted return of the converted property, the measure of damages is the difference between the fair market value at the time of its conversion and the fair market value at the time of its return plus interest during such period, or in the alternative, any damages flowing naturally and proximately from the wrong complained of, including the loss of use of the New Jersey property. Plaintiff owner is permitted to recover all damages flowing naturally and proximately from the wrong complained of, including the loss of the use of the New Jersey property. Loss of use has been defined as those damages occasioned to a New Jersey conversion lawsuit plaintiff owner by reason of the detention, including personal loss, inconvenience and out of pocket expense. In certain New Jersey cases, punitive damages may be awarded. The purposes of New Jersey punitive damages are different from the purposes of New Jersey compensatory damages. New Jersey compensatory damages are intended to compensate the New Jersey conversion plaintiff owner for the actual injury or loss he/she/it suffered as a result of the New Jersey conversion defendant’s misconduct. In contrast, New Jersey punitive damages are intended to punish a wrongdoer and to deter the wrongdoer from similar wrongful conduct in the future. New Jersey punitive damages are designed to require the wrongdoer to pay an amount of money that is sufficient to punish New Jersey conversion defendant for particular conduct and to deter that New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant from future misconduct. New Jersey punitive damages are not to be awarded as a routine matter in every case; they are to be awarded only in exceptional cases, to punish a New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant who/which has acted in an especially egregious or outrageous matter and to discourage that New Jersey conversion lawsuit plaintiff or New Jersey conversion lawsuit defendant from engaging in similar misconduct in the future. Therefore, a New Jersey conversion plaintiff owner is not entitled to New Jersey punitive damages simply because the New Jersey Court found that the New Jersey conversion defendant engaged in specific conduct or because the New Jersey Court awarded damages to compensate the New Jersey conversion plaintiff owner for his/her/its injury. The New Jersey court may award New Jersey punitive damages to a New Jersey conversion plaintiff owner only if the New Jersey court finds that the New Jersey conversion plaintiff owner has proved certain additional matters. To support an award of New Jersey punitive damages, the New Jersey court must find that the New Jersey conversion plaintiff owner has proved, by clear and convincing evidence, that the injury, loss, or harm suffered by the New Jersey conversion plaintiff owner was the result of the New Jersey conversion defendant’s acts or omissions and that either (1) the New Jersey conversion defendant’s conduct was malicious or (2) the New Jersey conversion defendant acted in wanton and willful disregard of (plaintiff owner’s) rights. Malicious conduct is intentional wrongdoing in the sense of an evil-minded act. Willful or wanton conduct is a deliberate act or omission with knowledge of a high degree of probability of harm to another who foreseeably might be harmed by that act or omission and
reckless indifference to the consequence of the act or omission. The standard of “clear and convincing evidence”, mentioned above, means that evidence which leaves no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. This is different – and less – than proof beyond a reasonable doubt. This is also different – and more - than a preponderance of evidence to support an award of New Jersey punitive damages. In determining whether to award New Jersey punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time,
that serious harm would arise from the New Jersey conversion defendant’s conduct; (2) the New Jersey conversion defendant’s awareness or reckless disregard of the likelihood that such serious harm would arise from the New Jersey conversion defendant’s conduct; (3) consider the conduct of the New Jersey conversion defendant upon learning that his/her/its initial conduct would likely cause harm; and (4) consider the duration
of the conduct or any concealment of that conduct by the New Jersey conversion defendant.

WHAT DAMAGES ARE AVAILABLE IN A NEW JERSEY CONVERSION CASE OR NEW
JERSEY TROVER CASE IF THE NEW JERSEY PROPERTY THAT WAS CONVERTED CONSISTS OF
WRITTEN EVIDENCE OF A NEW JERSEY DEBT – A “CHOSE IN ACTION”?
When the action is for a New Jersey conversion lawsuit of written evidence of a New Jersey debt, the measure of damages is the value of the New Jersey property converted, plus interest from the date of conversion. The face value of an instrument for payment of money is prima facie its actual value. A New Jersey conversion lawsuit defendant is liable only for the actual value if, in fact, less than the face value.

WHAT DAMAGES ARE AVAILABLE IN A NEW JERSEY CONVERSION CASE OR NEW
JERSEY TROVER CASE IF THE NEW JERSEY PROPERTY THAT WAS CONVERTED CONSISTS OF
SECURITIES?
If the converted property is stocks or bonds, commercial securities or instruments of fluctuating value on the market, the measure of damages is the highest intermediate fair market value between the time of the conversion and a reasonable time after notice of the conversion within which to replace the securities, plus interest from the date of conversion.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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