If someone steals your property whether it’s a high-end tractor or the wheels on your car—you don’t have to wait for the police to act. While theft is a criminal matter, it also creates civil liability. In Texas, victims of theft have powerful legal tools to recover the value of their property and, in many cases, their legal costs.
The Tort of Conversion
The most common civil claim for stolen property is "conversion." Simply put, conversion occurs when someone exercises unauthorized control over property that belongs to you, depriving you of its use. To win a conversion case in Texas, you generally must prove three things:
You owned or had a legal right to possess the property.
The defendant unlawfully exercised dominion and control over that property.
You suffered damages as a result.
It’s important to act quickly, as conversion claims in Texas typically have a two-year statute of limitations.
The Texas Civil Theft Liability Act
For a more robust legal remedy, Texas offers the Texas Civil Theft Liability Act, codified in Chapter 134 of the Texas Civil Practice and Remedies Code. This act allows a person who has had property stolen (as defined by the Texas Penal Code) to sue the thief for civil damages.
One of the greatest benefits of suing under this Act is that a prevailing plaintiff can recover reasonable and necessary attorney’s fees. This means that if the thief is actually collectible, there is the possibility of collecting legal fees.
Practical Challenges: "Can't Squeeze Blood from a Turnip"
While the law provides clear paths to a judgment, the practical reality of recovering stolen property is often more difficult. Thieves don't usually have a lot of money, and once property is stolen, it is often sold or disposed of quickly.
If the thief is "judgment proof"—meaning they have no assets or income to seize—winning a lawsuit may only result in a piece of paper (the judgment) that you cannot collect on. In these cases, your best line of defense is often preventative measures or insurance policies that cover theft, such as specific credit card benefits or comprehensive auto and homeowners' insurance.
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