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flabbergasted44

Guest
What is the name of your state? NJ

being sued for return of gifts over a 3 yr period. How do I handle this? What do I do?

Thank You!!
 


BL

Senior Member
We need more information,such as ;

What description are the gifts , wanting to be recovered ?

How where they paid ?

What verbal/written statements where made when the Items were "given" to you ?

Where the items purchased during the course of a relationship ,and what kind of relationship was is ? ie: live in .
 
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flabbergasted44

Guest
Morning,

Let's see.....

**Gifts received were an air conditioner, bought to replace one he broke.**

The house telephone, he bought..I never asked for, really petty and I could care less. Will return

cell phone and charge cord, he bought for me, will return.

35 mill camera, his, will return

HP color printer, his will return

**Gateway computer, x-mas gift along with engagement ring, same xmas morn....I returned the ring to him.**

**15" flat screen monitor, gateway computer and HP Printer. The printer was used. The monitor and PC were given to me at xmas 2002.

184.00 and some change for the cost of towing my car home from Batavia NY in July.

Background:

Have dated for several years. Were engaged in Dec 2002. I moved in his home in June 2003 and moved out again after 2 weeks. In sept. he came to the house with a list. This listed stated that he wanted this and that concerning the "relationship" (BTW, we broke up in June) He said that obviously we were not going to get back together and therefore he wanted the return of these items.

I really need some advice here.
 

JETX

Senior Member
Okay, for those items that you agree are his or will agree to return, make a list detailing the item and its description. Make arrangements to return the items to him. Have him sign the list with, "The above noted items were delivered to, and received by, (name)". Then have him sign and date the sheet and you keep a copy.

Any other items that are being disputed will, presumably, be resolved by the court.
 
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flabbergasted44

Guest
I had already decided to pack and it up and do just that. The biggest problem is the computer. The main problem is the computer, its all about the computer.

He has no receipt for the computer.......he 'borrowed' it from work, still new, still in the box. Although he did have to sign it out, so he says. I've had the PC for almost a year now. The sign out was through a military base. As in "government property". This I did not know when it was given to me. He never said anything about returning it. I was made aware of this when I got an email from him and a letter in the mail. This letter was attached to the court appearence.
 

BL

Senior Member
So he says ...... Hmm , if it's truly Gov. Property, he had/has no right to it either . Let him prove it is/was gov. property . and not a gift.

Anyone can go into court and say anything. They must prove it .

Maybe he lifted it instead. If that was the case he has dirty hands anyways. And If proven that was the case the PC would have to be returned to the Gov.
 

JETX

Senior Member
Based on your latest post, IF this is truly government property, you could face action if you do not turn the property over the rightful owner. I would suggest you contacting the military police (at the base) and advising them that you THINK you have possession of government property and ask that they investigate. If this is truly as you state and you were not aware of the origin of the property, you should be safe from any charges. Your 'friend' of course may not fare so well.
 
F

flabbergasted44

Guest
Morning,

Thanks so much for the advice. I will take it all into consideration. Much of the point is that he cannot sue me for property that does not belong to him. Wouldn't he have to prove that its gov. prop??? How would he do that? This man talks a good game, suit and tie, manners,BS and the whole 9 yards. He has a position where he has access to many lawyers and will get advice from all of them with some made up story. Me: a single struggling parent. He's doing this because he can't have me, personally I think its ridiculous. He also has a history of taking his ex's to small claims court.

I really don't want to stoop to his level. I am the better person and I'm not petty or vengeful. Its more important for me to make the point that...that is exactly how he is "petty and vengeful". Would a judge be able to see that?? I'm not playing a game here, I don't have the time for that garbage. This computer is used by my children for school I really don't want to lose it and I don't want to fight dirty to keep it, ie: getting military police involved.

Thanks so much.........
 

BL

Senior Member
You know that it "could be " military property .

therefore , You are the one that would be in possession of Gov. Property ( or stolen Gov. property by the X ) .

If you don't want to play games ( and risk arrest for illegal possession of Gov. property ), call the military base or office where the X was stationed, and ask them to see if the PC serial # is/was one of there's and what is the status.

If so, ask them what you should do.

If they can-not verify it is/was there PC , get a statement from them stating so. Then your X must prove it wasn't a gift.

Do you want to risk arrest ?
 

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