In order to establish a detinue action, the plaintiff must prove that the defendant wrongfully detained or refused to return their personal property, that the defendant intended to deprive the plaintiff of the property, and that the plaintiff suffered damages as a result.

Detinue is a possessory action, meaning that the plaintiff must have a right to immediate possession of the property in order to bring the action. Conversion is a non-possessory action, meaning that the plaintiff does not need to have a right to immediate possession of the property in order to bring the action. Detinue requires proof of intent to deprive the owner of the property, while conversion does not. Detinue is only available for tangible personal property, while conversion is available for both tangible and intangible personal property.

The measure of damages in a detinue action is the value of the property at the time of the detention, plus any special damages suffered by the plaintiff as a result of the detention. Special damages may include things like lost profits, storage costs, and attorney fees.

Some defenses to a detinue action include: the defendant had a lawful right to detain the property, the defendant did not intend to deprive the plaintiff of the property, and the plaintiff did not suffer any damages as a result of the detention.

The statute of limitations for a detinue action varies by jurisdiction. In some jurisdictions, it is three years, while in others it is four or six years.