In General
The first question in an action for conversion is that of venue and jurisdiction. Mere questions of ownership within partnerships and some contract law do not arise to the level required for an action in conversion. These are matters best settled in a suit in equity with a determination of equity on the case. A true conversion is strictly a legal case. In general, relief through an action in conversion can proceed, even if other potential remedies have not been exhausted. However, once the action in conversion is commenced, the plaintiff may be precluded from seeking concurrent remedies. Other concurrent remedies typically are:
- Action to recover possession which may include trover, detinue and replevin, which are now statutorily defined and vary between jurisdictions.
- Assumpsit
- Criminal proceedings
Joinder of parties can usually be allowed. Successive converters need not be named in an action in conversion.
Read more about this topic: Conversion (law), Practice and Procedure in The United States
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