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gift of a gift

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M

meann

Guest
What is the name of your state? california
I gave my now exboyfriend a computer that I am still paying for. He in turn gave it to his girlfrind. I want the computer back. I told him he can use it because one of my friends ruined his. His girlfriend sold it. I want to file a police report. Can I? It wasn't stolen and it was in her house but now it is gone. Can I possible put him in jail? or her?
 


I AM ALWAYS LIABLE

Senior Member
meann said:
What is the name of your state? california
I gave my now exboyfriend a computer that I am still paying for. He in turn gave it to his girlfrind. I want the computer back. I told him he can use it because one of my friends ruined his. His girlfriend sold it. I want to file a police report. Can I? It wasn't stolen and it was in her house but now it is gone. Can I possible put him in jail? or her?
My response:

You have no remedy. Once a gift is given, it belongs to the recipient.

IAAL
 
B

Burtha

Guest
GIFT.. IAAL!

Dear Sir,

I LOVE all of your posts and responses!
Do you know of any legal remedy to revoke a gift?
 

I AM ALWAYS LIABLE

Senior Member
Re: GIFT.. IAAL!

Burtha said:
Dear Sir,

I LOVE all of your posts and responses!
Do you know of any legal remedy to revoke a gift?

My response:

Burtha, you asked the same, basic, question as the original writer on this thread. All you did was reword the question, and the answer remains the same.

"revoke"
Pronunciation: ri-'vOk
Function: verb
Inflected Form(s): re·voked; re·vok·ing

1 : to annul by recalling or taking back : RESCIND <revoke a will>
2 : to bring or call back

Unless there was some sort of "contingency" (commonly know as having a "string attached") given with the gift, and the contingency never occurs, then a gift given without such a contingency is irrevocable.

IAAL
 
M

meann

Guest
I had no intention of letting him have the computer. I just said he can use it because one of my friends ruined his. I did not give it as
a gift. I must have misstated my subject. Can I not file a police report and say he took it because he won't give it back.
 

I AM ALWAYS LIABLE

Senior Member
meann said:
I had no intention of letting him have the computer. I just said he can use it because one of my friends ruined his. I did not give it as
a gift. I must have misstated my subject. Can I not file a police report and say he took it because he won't give it back.
My response:

Okay, you never "gifted" the computer to him - - rather, you "lent," or "loaned," him the computer.

By "loaning" the computer to him, you and he created a contract known as a "gratuitous bailment" contract, or "contract for use"; you as the "bailor" and him as the "bailee" - - that is, the one in possession of the personal property.

A contract is a "Civil" matter, and not a "Criminal" matter. All because he hasn't returned it to you when you wanted it back, doesn't mean that a crime has been committed. All it means is that a "breach of contract" has occurred. Therefore, your only recourse is to sue him in Small Claims court for the value of the computer "at the time you loaned it" to him.

IAAL
 
B

Burtha

Guest
RE IAAL

Gotcha, However why is so SO HARD for an attorney here to tell me exactly what you have explained??? I have even had the magistrate tell me "Just give it Back!!" it didnt cost you anything, give it back. And my response in court was to answer with the question that I have asked you... Is there a legal term for
Indian Givers's??
Every attorney's first resonse to me was why dont you just give it back?? And that they wouldnt know how to touch my case.And they are wishy washey .Telling me that cases arent based on the law, if the judge doesnt like me, the Plaintiff automatically wins.
I admir your direct, to the point, answers.
Thank you for the reply.
 
B

Burtha

Guest
Meann,

The person who GAVE me something, then asked for it back, attempted to file a report for theft, and they told her exactly what
IAAL told you. However, as a courtsey, they finally let her
write a statement, which I am now using in my DEFENSE in court.
She gave me something, changed her mind, then said I was supposed to pay her (not true + no contract) and tried to charge
me with theft by deception.
 

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