Good afternoon Stacey,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. Are you referring to tortious interference with prospective business advantage?Doug
I was selling my vacation condo it was on the market. My mortgage company took my lock off my door and exchanged it with their lock box and key which meant my realtor and other realtors could not show the property resulting in the property not being sold. Would you sue my mortgage company for tortious interference??
Good afternoon Stacey, Thank you for the clarification. Actually to assert a claim for tortious interference you must typically allege the existence of a contract between the you and a third party (your realtor), the defendant’s knowledge of that contract, and their intentional inducement of the Realtor to take an action that then harmed you---typically breaching a contract the Realtor had with you. That is not apparently what happened to you. Rather, you are alleging that the defendant came onto your property---trespassing, and took an action which resulted in damages to you (theft of your lock). Under a set of circumstances such as this, if you were to sue it would typically for Trespass and theft. You would seek damaged relating to the trespass as you have outlined. You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
Isn't trespass a criminal action???? What would the civil action be called???
Hi Stacey, Trespass may be both a criminal offense as well as a civil cause of action. The civil cause of action is known as Malicious Trespass
Missouri Revised Statutes
Chapter 537 Torts and Actions for Damages Malicious trespass--to personalty--double damages--issuance of attachment, when.
537.330. If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to the party injured double the value of the things so damaged or destroyed; and upon an affidavit that said damage or destruction was wantonly or maliciously done, it shall be a good ground for an attachment to issue, as in other cases by attachment.
Here is a link to the law:
You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
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