QUESTION

Can I sue for a Gift?

Asked on Dec 02nd, 2015 on Civil Litigation - District of Columbia
More details to this question:
I was seeing an older gentleman and I did not want to persue a relationship and I told Him this from the time I met him in september of 2014. He has brought me numerous items. The item in question is a 60 in TV brought in december of 2014. I had an accident happen in September 2014 where my dog bit an older lady, Ms.Lucille's dog and I offered to pay the vet bills. She agreed. He took me to have this meeting with Ms. Lucille so he said he was involved. I had been paying her 100 dollars a month until January 2015. I decided to hold off on the payments until I got my tax money so I can pay her in full. He and I were in a disagreement about something and he went to Ms.Lucille's whos dog was hurt house and asked her if I was paying. She told him she hadn't heard from me so he paid the remaining 900 dollars. He later sent me a text saying that he had paid her and I told him that was his issue because I didnt ask him to that he had nothing to do with the situation.He said he did because he went with me to talk to her so he felt responsible because he was present. Afterwards we were back on good terms and he never said anything else about it. In November 2015 I moved from my house and stayed with a friend and he offered to keep my stuff for me and I agreeded. On friday 20 November 2015 he informed me that he was letting go. .He didnt want to be freinds with me because we would never be in a relationship, he said he would still keep my things for me until I found a place. On 2 December 2015 He showed up to my job and gave a coworker an envelope with keys to a storage unit and a letter stating he put my things in storage and he kept my TV as payment for paying the remainder of the vet bill for Ms.Lucille. I informed him through text message first that he can not just take my thingsand I want my t.v back. I got a text back letting me know that I was reaching the wrong person, He changed his number. I then sent him an email saying the same thing. No response. Can I sue him for my property? I live in DC he lives in Maryland
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes, you can sue him.  Even if there was no dispute that you owed him money, he  has no right to take your things until and unless he sues you, a court awards him a judgment, and he follows legal collection procedures.  However, he may also sue you for the money he paid Ms. Lucille.  You claim that this was a gift to you, and you have no obligation to repay gifts.  However, he may claim either that:       (a) he guaranteed to Ms. Lucille that you would pay the money, and therefore, as guarantor, is obligated to pay Ms. Lucille if you don't, and can sue you for the money; and/or      (b) that he bought Ms. Lucille's claim against you by paying back the remaining money.
Answered on Dec 03rd, 2015 at 10:34 AM

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