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  #1  
Old 08-11-2008, 02:12 PM
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Join Date: Aug 2008
Posts: 9

getting a gift back

What is the name of your state (only U.S. law)?
MI

I recently purchased a basketball hoop for my girlfriends house so we could play hoop while working on it. At the time there was no TV or anything for us to do while taking a break. However we never played. 2 days after having it she said she needed space. I went over there to get some of my belongings I needed and she was playing basketball with another guy that already caused issues between us. I asked why shouldn't wouldn't talk to me an she blew up. She already owed me money for her first house payment along with closing costs. I decided to take the hoop. I have the receipt for the purchase. Can she legally prosecute me for larceny?
  #2  
Old 08-11-2008, 02:35 PM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,823
Yes. You stole a gift you gave her. Nice work. A gift belongs to the recipient NOT the receiver and you have admitted that this was a gift. Technically SHE can NOT prosecute you -- but the prosecutor can.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 08-12-2008, 07:49 AM
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Join Date: Aug 2008
Posts: 9
What is the best course of action that I should take?
  #4  
Old 08-12-2008, 08:06 AM
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Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by brainiac54 View Post
What is the best course of action that I should take?
Put it back.
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in vino veritas
  #5  
Old 08-12-2008, 10:03 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,823
Quote:
Originally Posted by LdiJ View Post
Put it back.
And apologize for being a dunderhead with the hopes that she doesn't report the theft. Because if she has reported it, you can still be prosecuted even if you do return it.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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