returning gift

Would it be legally binding to publish in our newspaper under Public Notice that said sister and spouse have until Dec 31,2000 to pick up such said item that they have requested we either pay for or return to them by Dec 31,2000.Or it is ours free and clear and also notify them by CERTIFIED MAIL to thier home that we have posted this or would the certified letter be sufficient enough? NEBRASKA

[Edited by hrickdeb on 12-17-2000 at 12:10 PM]

hrickdeb said:

Would it be legally binding to publish in our newspaper under Public Notice that said sister and spouse have until Dec 31,2000 to pick up such said item that they have requested we either pay for or return to them by Dec 31,2000.Or it is ours free and clear and also notify them by CERTIFIED MAIL to thier home that we have posted this or would the certified letter be sufficient enough? NEBRASKA

[Edited by hrickdeb on 12-17-2000 at 12:10 PM]

Click to expand...

My response:

I'm having a real difficult time understanding your post.

But, I think you're trying to say that someone sent you something that you didn't order. And now, that person is asking you to return the item to them.

So, now, you're wondering whether you have a responsibility, under the law, to return the item or if you can keep it ?

Is this what you're saying ?

IAAL

gift

what I was referring to is that in 99 my sister bought a cedar chest for me, I was to make her payments. Of the few I made I have no proof because it was cash. Since then we have gotten into an argument(unrelated)I have made her no more payments. I received a nasty letter yesterday which asked for the item or the money for it.(sent letter back, have no proof of now,stupid me!) So, today I am sending her a certified letter telling her, that they have until Dec. 31, 2000 to pick up such said item or it is ours free and clear(she doesn't live far from me). My question was would it be legally binding to publish the letter in the paper in the Public Notices and in Nebraska how long would I need to run this notice for. (also I was going to make them sign a paper stating that they received the chest)

More confusion...

1) Who is demanding payment, your sister or the person who sold the chest to her????
2) Was your agreement that your sister purchase the chest on your behalf and that you repay her????
3) What agreement, if any, existed??

If the chest is the property of your sister and you were to make payments, then it is still hers and she has every right to demand payment or return. Your attempt to side-step the issue by making a public possesion claim won't stand. It is not yours, you apparently agreed to make payment and now are trying to keep the item without payment.... pretty low-down if you ask me.

My suggestion:
Quit your being such a petty person and grow-up. Though this transaction was with your sister, you need to handle it professionally. Contact her (in writing if you have to) and restate the repayment terms. Also, detail the payments made and what you are proposing to do to pay off this debt of YOURS. If you can't make the payments that you agreed to, be a grown up and return the cedar chest to her.

Bottom line... you can make all the published or private claims of abandoned property, etc. but you will still owe the debt. Your sister could take you to court and you will lose. You will then owe her the balance, plus attorney fees (if any), plus court costs, plus interest.

Is your relationship with your sister worth losing over such a petty issue????