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10-15-2003, 12:40 AM
| | |  repo a gift?
What is the name of your state? Ohio
About three years ago, someone bought my family a computer as a Christmas gift. Since then this person and I haven't gotten along very well for personal reasons, so this person demanded that we return our computer to them, I said no. Now I find out the computer is not fully paid for and was bought on a monthly payment plan, which they have ignored for the last three years. Now the computer company has been calling my house threatening to repo the computer if I don't pay the rest of the bill. My question is, since I never signed anything and this computer was not purchased on my credit, and concidering that it was a gift to begin with, Can they really came to my house and repo the computer? If so what can they legaly do if I was to sell it before they get here. I was under the impression that gifts do not have to be legaly returned in cases such as divorce, even if one party is still paying for it. Wouldn't it be the same for two people who just quit getting along with one another?
Last edited by Josh124; 10-15-2003 at 02:57 AM.
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10-15-2003, 10:19 AM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | You didn't buy it, you didn't sign anything as far as a purchase agreement, therefore YOU are NOT liable and do NOT have to pay for it - the person who gifted it to you is liable. Can they repo it ? Yes, I do believe they can. Will they actaully take it ? Hard to say.. a 3 year old computer isn't worth but a fraction of what is probably still owed on it !! They don't really want it back, they want the money. There's simply no way they could resell something that old.. and they know it.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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10-15-2003, 11:57 AM
| | | | correction
It probably don't matter much but I did some rethinking, the computer is actually four years old not three. Thanks for the response from Ladynred. Also, if the computer company does repo my computer, how would they get legal entrance to my house, would they need a warant? |
10-15-2003, 01:46 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Yep, they surely would.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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