Conversion and Trespass to Chattels

These are civil lawsuits that apply when someone takes or uses another person’s personal property without permission.

• Conversion is substantial interference with another person’s personal property—wrongfully using, holding, or treating it as your own.
• Trespass to chattels is intentional, unauthorized interference with personal property that causes damage.

"Chattel" means personal property you can touch and move, like clothing, televisions, or cars. Chattel does not include houses or land (real property).

A tort is a civil wrong that harms someone. The injured person can sue for damages in civil court, separate from any criminal case.

Conversion and trespass to chattels are both torts.

The difference is the degree of interference.

• Conversion: Major interference—like stealing a car and wrecking it. You can recover the item’s full market value or have it returned with damages.

• Trespass to chattels: Minor interference—like taking a car and returning it with scratches. Damages cover only the actual harm.

You must show that:

1. You owned, legally possessed, or had a right to possess the property.
2. The defendant unlawfully took or controlled it.
3. You demanded its return.
4. The defendant refused.

See Waisath v. Lack's Stores, Inc.

Yes.

• If the property is worth $20,000 or less, you usually need the property itself returned to sue for conversion.
• If the property is worth more than $20,000, you can sue in district court or county court even without recovering the property first.

• Under $20,000: Small claims (justice court). See How to Sue in Justice Court.
• Over $20,000: District court or county court at law.

No. Conversion only applies to personal property (tangible things you can move).

Yes. You must file within two years of the conversion or trespass.

This is set by Texas Civil Practice and Remedies Code 16.003(a).

A statute of limitations is a legal deadline: once it passes, the claim is “time-barred.”

In a conversion suit, you can seek:

• Return of the property + damages for time without it, or
• Fair market value of the property at the time of conversion (if the item cannot be returned).

In a trespass to chattels suit, you can only recover damages equal to the actual harm caused (not the full value of the property).

Possibly. Conversion is one of the limited torts where you may be able to recover attorney’s fees.

• Statute of Limitations: If the two years have passed.
• Abandonment: If the property was abandoned.
• Consent: If the owner gave permission.
• Privilege: For example, lawfully seized property purchased at auction.

Note: Mistake of ownership is usually not a valid defense.

Conversion and trespass to chattels are civil remedies.

Criminal charges involve law enforcement and prosecutors.

If police decide not to pursue charges, you can still sue in civil court for damages.