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asking for return of a gift

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sesmn1960

Junior Member
What is the name of your state?What is the name of your state?minnesota

My son's x-girlfriend gave him a framed photograph as a "gift".

The relationship ended. He is in the military, therefore, she called me and demanded return of the picture, which is in a box at my house.

My son said he would return the picture, after she returned a promise ring. She said she would not return that.

She is taking me to small claims court for the return of the picture.

Questions:
I am not the owner of the picture, so she should be filing charges against my son. (note, he is in the military, so I don't think she can do this)

Can you sue for the return of a gift?
 


I AM ALWAYS LIABLE

Senior Member
sesmn1960 said:
Can you sue for the return of a gift?

My response:

That's not the question. The real question is, "Has she sued the correct party."

The answer is, obviously, no. The picture, whether gift or otherwise, is not your property and you have no way of knowing if the photo was a gift or loan.

The judge will dismiss her action.

IAAL
 

BL

Senior Member
That guy in the upper right hand corner reminds me of the Englishmen , with wigs on .

Now lets go to trial ..... :)
 

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