I got an xbox360 for my birthday from my ex gf. She wants it back. If i don't give it back is she able to take this to court... Basically is it her or my possession now?
2007-03-09 04:47:09 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If it was a gift then it is yours. Once it's given it is your possession. Let her take you to court, she won't win...do you have any proof it was a gift, like a picture of you opening it? That would help against any argument she makes saying she was simply letting you borrow it....you could always try to get her to admit it was a gift through email or by her leaving you a message on your answering machine or voice mail. You would have to check with your state whether secret recording of a conversation is admissible in court.
2007-03-09 04:52:14 · answer #1 · answered by Anonymous · 1⤊ 0⤋
She can take you to court, but if she truly did buy you this as a birthday gift, she'll lose the case. Take her to Judge Judy...she'll set her straight. But, if you've seen Judge Judy, or Joe Brown, you know they always claim "it wasn't for a gift...it was for us to play together". You better have your facts straight, or a witness to her giving it as a gift.
The only gift that can be taken back legally is an engagement ring, since the courts look at that as a contract.
2007-03-09 04:57:04 · answer #2 · answered by Paul H 4 · 0⤊ 0⤋
A gift involves a transfer of ownership, so legally it's yours. If you have a way to prove she gave it to you ( a gift card for example).
The bigger question is - why not give it back? Your relationship is over, she bought an expensive gift presumably because she thought the relationship would continue. If you are no longer on good terms (you clearly aren't) then while legally the xbox is yours, morally you should return it.
2007-03-09 04:56:18 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If it was a gift, it is yours. Did anyone witness you getting the gift? Any other proof? Is she the type to lie and maybe say that it was hers outright? Anyone can file the papers and go to court, but she wouldn't win if you can prove that it was a gift or if she admits that it is a gift.
2007-03-09 04:55:16 · answer #4 · answered by magicmunchkins 3 · 0⤊ 0⤋
If you two were a couple, and she gave it to you as a birthday gift, it's yours. If she wants it back, then that's just petty. You could ask her for the things you gave her for all her birthdays while you were a couple then. Would she give them back? I'm sure a judge would say she is just being petty.
2007-03-09 04:52:56 · answer #5 · answered by lilith663 6 · 1⤊ 0⤋
No, it is a gift, so she cannot take it back.
Do you have a birthday card, cell phone text message, voice mail, e-mail, or anything else that confirms that it was a gift, such as her saying that it is your bday present, you saying thanks for it, etc?
That would definately put her off chasing this in any legal way.
2007-03-09 04:56:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
it truly is properly desirable. once you're underage then the project is diverse inspite of the truth that. Minors contained in the u . s . (the position i assume you stay) do no longer own any sources themselves. quite the father and mom own it on their behalf, and may enable the minors use the sources as they see in good structure. So if a mom makes a present of $one hundred to her underage son contained in the u . s ., then technically she nonetheless owns the money and may take it again for herself at any time.
2016-12-05 11:23:56 · answer #7 · answered by ? 4 · 0⤊ 0⤋
It is your possesion!
If she truly gave it to YOU for YOUR birthday, then it's yours!
It would be stupidity if she took you to court. Court costs more money than an xbox 360, so she can just get her lazy butt to a gamestore and buy another one for herself.
2007-03-09 04:52:23 · answer #8 · answered by Anonymous · 2⤊ 0⤋
A gift is just that a gift and cannnot be taken back.
She is SOL on this one and has no legal standing.
This would be "gifter's remorse".
2007-03-09 04:51:43 · answer #9 · answered by Susie D 6 · 1⤊ 0⤋
Its a gift that she gave to you. It is yours. She's quite the Indian giver isn't she? This would never make it before a judge, they would throw it out of court.
2007-03-09 04:50:51 · answer #10 · answered by Anonymous · 0⤊ 2⤋