Personal Property Essay Specific

Question 1

When is someone allowed to recover from statutory conversion?

Answer 1

1. “person damaged as a result of another person’s buying, receiving, or aiding in the concealment of any stolen, embezzled, or converted property when the person buying, receiving, or
2. aiding in the concealment of any stolen, embezzled, or converted property knew that the property was stolen, embezzled, or converted.”

Question 2

How much can someone in MI receive from a conversion claim?

Answer 2

“recover three times the amount of actual damages, plus costs and reasonable attorney’s fees.”

Question 3

Can you compel someone to return stolen items?

Answer 3

Nope

Question 4

If someone steals and sells your item, and you bring a claim of conversion against them, can you recover anything from

1. the new owner?
2. the one who sold the item?

Answer 4

1. If the new owner knew that the item was stolen, you can receive 3 times the value of the stolen item plus reasonable attorney fees and costs incurred from the lawsuit
2. three times the amount of actual damages, plus costs and reasonable attorney’s fees

Question 5

What is replevin called in MI?

Answer 5

Claim and Delivery

Question 6

When can a “claim and delivery” claim be brought?

Answer 6

“may be brought to recover possession of any goods or chattels which have been unlawfully taken or unlawfully detained and to recover damages sustained by the unlawful taking or unlawful detention.”

Question 7

4 exceptions to the “claim and delivery” claim

Answer 7

An action for replevin may not be brought

1. by any person who “does not have a right to possession of the goods or chattels taken or detained.”
2. to recover possession of or damages for goods or chattels taken by virtue of a warrant for the collection of a tax, assessment, or a fine in pursuance of a statute of this state.
3. by virtue of an execution or attachment at the suit of the defendant in the execution or attachment unless the goods or chattels are exempt by law from execution or attachment
4. when the property has been destroyed

Question 8

What is Detinue?

Answer 8

Another word for Replevin, also “claim and delivery”

Question 9

If a reward is offered for the return of an item, does the person have to give you the item before the reward is paid?

Answer 9

No

The MI Supreme court has held that one who finds lost property for which a reward has been offered may retain the property until such time as the reward is paid

Question 10

Does failure to permit an inspection waive the right to the reward in a “claim and delivery” action?

Answer 10

Nope.

The Supreme Court has held that failure to permit an inspection does not waive a claim to the reward.

Rather, it is incumbent upon the owner to prove ownership and at that time to pay the reward.

If the finder maintains the property due to a legitimate doubt as to the owner, it does not affect a waiver of the reward nor does it give rise to a conversion claim.