Conversion (theft) is generally the cause of action/claim for which a party whose property has been stolen may file a civil lawsuit to recover the stolen property or its value. Theft is also prosecuted as a crime, but the object of a criminal prosecution is generally to punish the wrongdoer, rather than to seek recovery of the lost property.
In Illinois, conversion is a civil cause of action that allows a person whose property has been wrongfully taken or retained to seek recovery of their property or its monetary value from the party responsible for the conversion. This is distinct from theft, which is a criminal offense prosecuted by the state. The purpose of a criminal prosecution for theft is to punish the offender, rather than to compensate the victim. However, Illinois law does provide for restitution to the victim as part of the criminal process. Victims of theft may pursue both criminal charges and a civil lawsuit for conversion. The civil action for conversion can be filed in an Illinois state court, and the plaintiff must prove that they owned or had a right to possess the property, the property was converted by the defendant without authorization, and they suffered damages as a result.