QUESTION
Do I have to give a laptop gift back after 3 years?
Asked on Jul 01st, 2014 on Litigation - Michigan
More details to this question:
My ex girlfriend bought me a laptop in 2012. She now out the blue sends me a text threatening to take me to court because she has the receipt. It was a gift and was considered as such this whole time. I did not deceive or trick her or use her; she simply got it for me. Her family member works for court office and they have a family attorney so she's threatening me as if I stand zero chance. But the computer is in my name and was delivered to my address and has all my information on it since it was gifted to me. Is there really a way she can take me to court and win it back?
6 ANSWERS
Michael J. Breczinski
It sounds like she has no case.
Answered on Jul 11th, 2014 at 3:04 AM
If the intent of her giving you the laptop was that it was a gift, then you probably get to keep it. I would need some more information about the situation, for example, if you made any promises to return the gift or make payments to her on the gift.
Answered on Jul 03rd, 2014 at 4:08 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
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There's a way, but you sounds like you have a good claim it was a gift. Let her sue!
Answered on Jul 02nd, 2014 at 2:10 PM
EDWARD MILLER
If it was a gift, it is yours, not hers. You get to keep it. The problem is one of proof if she says it was a loan, and is believed, she can reclaim it. If it goes to litigation, she has the burden of proof. If the proofs are equal, you, as defendant prevail. More significant: the value of a 3 ear old laptop is so small that no attorney would bother filing suit. Stand fast.
Answered on Jul 02nd, 2014 at 2:06 PM
Ronald A. Steinberg
Legally, a gift is a gift. Otherwise it is merely a loan. Morally, it is up to you. If you still like her as a person and don't want to be embarrassed when you encounter her "out and about," then you might consider returning the gift. It is sort of like when the girl breaks off the engagement, she is supposed to return the ring.
Answered on Jul 02nd, 2014 at 1:15 PM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
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I would rather be on your side of this than hers. Also a three year old computer isn't worth the time or effort it would take her to sue you. Family attorneys aren't free.
Answered on Jul 02nd, 2014 at 11:51 AM