I just broke up with my boyfriend because basically he was a bum. We were together on and off for 2 years. About 1 month before we broke up he had purchased a laptop for my birthday because he had basically ruined my bday. He didn't buy me anything, had hit me, killed my fish and put a hole in my wall. I live on campus at college and the police were called. When they were called he ran. Then he came back 2 days later and felt bad about what he did to me on my bday and bought me the laptop. The laptop was purcahsed through dell with my name listed as the purchaser and receiver. His name is not on the invoice at all but he used his dell credit card to buy it. A month later I broke up with him because I couldn't take it anymore. He now threatens to sue me for the laptop if I don't mail it back to him because he claims I used him and then broke up with him. The invoice even states it was purchased 2 days after my bday so I feel like I shoudn't have to give it back.
2006-11-08 00:30:16 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The laptop was a gift and I am a college student. With everything that I put up with from him I feel like I shouldn't give him back the laptop. Does he really have a case or is he just trying to get the laptop back?
2006-11-08 00:30:38 · update #1
The laptop was a gift. That means YOU own it.
You want to keep it because it was a gift, and you need it, and you feel like you deserve it because of all the crap you put up with. You are right. But sometimes, being right can be the wrong thing to do. In your case, being right - and keeping the laptop - may mean that you are trading it for a lot of grief. Is it worth it?
If you answered yes - then go to court and get a restraining order against your ex. It sounds like you will need it - and the cops will appreciate having something in place that gives them the "teeth" they need to haul the guy off to jail, if required. If he is stupid enough to waste his money hiring a lawyer (even though it is doubtful any reputable attorney would even take this case), and tries to sue you - let him. You will go to court and be awarded the laptop as it was a gift. End of story.
If you answered no, it isn't worth it - then give him back the laptop and move on, knowing that you have no ties to this loser. You will lose a laptop but gain peace of mind.
If it was me, I'd give back the laptop, only because you have already had major problems with this guy and I don't expect that he will go away without a fight. He is not thinking like a normal person. Be smart and protect yourself. You can always get another laptop, but your health and well-being are irreplacable.
2006-11-08 00:50:51 · answer #1 · answered by happy heathen 4 · 0⤊ 0⤋
What you need to hear is:
1) It's yours legally no question.
2) You should think about giving it back so he hasn't got any reason to hassle you (make sure you get it completely wiped before you send it though...)
You can pick up laptops quite cheap if you shop around - if you want to get rid....lose the laptop! Hey and don't mail it, get a really beefy male friend to drop it off - your mates will know one ;-)
After reflection, I think what you're saying is that because he hit you, killed your fish etc.. that you deserve the laptop? Oh dear...this is a bit more worrying...if he hit you etc... he deserves locking up - he cannot pay you off with a laptop - don't get into a trade over this, he is mean and worthless - give him the laptop and the world can acknowledge he is mean and worthless - keep the laptop and he can say...'well I did get her a laptop for her birthday...' (take anything OFF the laptop that can be linked to YOU!!!! purge all cookies which might offer your passwords to the user etc...if you don't know how, post another Yahoo question!! - If you want revenge re-format the hard drive and remove the OS)
2006-11-08 00:46:36 · answer #2 · answered by ? 7 · 1⤊ 0⤋
If you date men who hit you, kill your fish and punch holes in the wall ... this whole laptop thing is the least of your worries.
Yes, he can file in small claims court for either the cost of or return of the laptop but he will have to convince the Judge or mediator that it was not a gift and that he is entitled to it. For all you know, he could say he bought it on his credit card for you and you were supposed to pay him back.
It will come down to credibility, yours and his, if the physical proof is insufficient.
Just wait and see what he does. Don't discuss it with him, just sit back and wait to see if he files or not. You can't stop him from filing if that is what he really wants to do. If he does, the worst that could happen is that you have to give it back and the best that could happen is that they rule in your favor and you get to keep it.
2006-11-08 03:18:18 · answer #3 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Sounds to me like he is trying to get back with or at u. Ignore him. I do not know if he has a case, let him take it to small claims court and see what is decided. If he send the police, show them proof that you are listed as the purchaser. LOSE THIS BUM. YOU DESERVE MUCH BETTER THAN A SO-CALLED EXCUSE FOR A MAN WHO WOULD HIT U If he calls you on the phone be careful, he might be taping the conversation, just tell him that he gave the laptop to you for your birthday and you are not going to return it.
2006-11-08 00:39:56 · answer #4 · answered by bettyswestbrook 4 · 1⤊ 0⤋
Laptop was a gift its yours. The laptop is in your name. If you go to call dell for service, and your name is listed as the owner, then its yours, doesnt matter who paid for it. Tell him, if he calls you again, you will file for a restraining order with t5he police. Tell him to send paperwork from a lawyer if he gonna sue you. No lawyer is going to take a case like that......enjoy the laptop since you couldnt enjoy the relationship.
2006-11-08 00:34:23 · answer #5 · answered by Thumper 5 · 1⤊ 0⤋
He doesn't have a case at all. It is all in your name anyway. It was a gift to you, he has no claim on it at all. But if he does sue you, no telling which way the judge will go. Some have no real sense of right and wrong, and won't even hear your Case. I hate most judges. lol
2006-11-08 00:33:03 · answer #6 · answered by Jenny 2 · 0⤊ 0⤋
The laptop was a gift to you, so I would say he doesn't have a case, but if giving it back meant you would be rid of having to see or deal with him again, I would give it back, you deserve better.
2006-11-08 00:41:02 · answer #7 · answered by brown.gloria@yahoo.com 5 · 1⤊ 0⤋
It's settled law that you don't have to give it back.
I suggest you insure it. He's likely to do something mean. Also, make sure you have Dell's extended warranty. (They refused to honor my daughter's E.W. a week before it expired -- "ordinary wear and tear" their call center guy in Bangalore said -- so I sued in Small Claims Court and they called the next day, picked it up and fixed it pronto.)
2006-11-08 00:36:53 · answer #8 · answered by Anonymous · 2⤊ 0⤋
He has no case as. You can n ot sue for the return of a gift no matter the manner of purchase (cash or credit).
2006-11-08 00:33:05 · answer #9 · answered by David W 3 · 1⤊ 0⤋
If I were you , I would just give him the computer and wipe him out of my life. Legally, a gift is a gift, and you are under no obligation to return the computer.
2006-11-08 00:35:35 · answer #10 · answered by WC 7 · 0⤊ 1⤋