Can someone be sued for not returning a necklace that was given as a gift?

Question

My mother is a hairstylist. About a year ago, one of her clients gave her a necklace & two rings to pass on to my daughters. Now, all of a sudden, the lady's son is calling my mom demanding that the necklace be returned, because it was supposed to go to his daughter, who wants the necklace NOW. We moved since the jewelry was given to my daughters, and now, needless to say, are unable to find the necklace. My mom's afraid that the man is going to sue her for the necklace, but I'm thinking that since it was a gift, he can't do that. Any suggestions?

Answer 1

Your mother has nothing to worry about. The woman who gave the items to your mother had every right to give something that belonged to her to whoever she wanted. This woman's son is out of his mind demanding anything. I would file a protective order against him preventing him from contacting you at all. What he is doing is harrasment and his kid sounds like a brat.

Answer 2

No, a gift is a legal transfer of ownership. The only way to sue is to prove that you owned the item in the first place, and that the other party stole it, broke a contract regarding the ownership of it or otherwise did something to make their ownership not legitimate. The burden is on the accuser to prove this.

For example, a man who gives an engagement ring to his fiancee has no legal recourse to force the return of it, even if they break up.

Answer 3

Don't worry about it, that guy is a loser and can't do anything. Even if he could prove that it was supposed to go to him or his daughter, which I doubt he could, he would have had to do it a long time ago, and now it's too late. Next time he calls you, tell that a$$hole to take you to court. Make him waste money trying to prove that the rightful owner didn't legally give it to your mom as a gift. What a jerk!

Answer 4

As far as I know you can be sued for just about anything. That doesn't mean you will lose but if the man wants to I'm sure he can file papers to bring the case to small claims court.

What does the lady who originally gifted the rings say about all this?

Answer 5

No, no way, once a gift is given it belongs to the person receiving it.
He has no rights to it at all.
He has even less right to demand it back.
He has no legal standing to the necklace and you should tell him to get lost, because the courts will tell him to get lost.

Answer 6

IF THE WOMAN WAS OF SOUND MIND AND BODY. SHE GAVE IT AS A GIFT THEN NO, YOUR MOTHER DOESN'T HAVE TO GIVE IT BACK. IF SHE HAS WITNESSES TO PROVE IT WAS A GIFT LIKE SOME CO-WORKERS THAT WERE THERE WHEN THIS TOOK PLACE. THEN THE MAN IS IN THE WRONG. HIS MOTHER GAVE THE, NOT HIM.

Answer 7

He never owned the items and has no claim to them. "Supposed to" won't cut it in court unless he has paperwork written by the original owner stating that the items were to be given to someone else. Even then, the original owner was the giver. Advise him to quit harrassing or he will be in court for that.

Answer 8

you can't sue someone and win for the return of a gift. A gift is permanent, and non-refundable.

That's a fact.

Answer 9

His mum made a gift to your mother, he cannot sue anyone as it's nothing to do with him, he's just annoyed he didn't get the goodies

Answer 10

Once a GIFT has changed hands and is in the possession of the recipient, it becomes his/her property for the rest of their lives, to do with as they please. I am not a lawyer, but I have seen plenty of court shows on TV to know that one.