Left PC for the summer with Verbal Agreement

Niestmmar said:

How Binding is Verbal Agreement when leaving things with someone for some time and what are my options for situation below? Also her parents and relatives are well off and might hire a good lawyer, what are the chances that I end up on the loosing side?

I am resident of California, currently student in Univercity of California Irvine. Before leaving college for summer I gave my PC (estimate worth $2.5k) to my GF with verbal agreement that I get it back when I return in September. About 4 weeks after she broke up with me and asked if I want to pick up PC then. I responded that I will do it in September as was originally agreed.

Note: She said want to take it now, without saying anything else. I really did not known that if I do not do that then I would not get it back.

In September when I asked PC back she told me she did not want to see me at the time. I really did not want to press it, so I let it slide with verbal stipulation that she contacts me when she has time to give PC back.

Now, 2 month later, I discover out that she gave it away after September. She maintains that she thought it was a gift, while I never used word gift, and specifically told her that I will pick up pc after summer. Moreover I do not know how she can claim that she still thought about it as a gift after I asked for it in September.

I assembled PC myself from parts bought online. Thus I have all electronic receipts, and can prove fact that I got the PC, as well as determine exact amount of money I paid.

I do not know if this matters, but she is International Student in UC Riverside.?

Thanks!

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Niestmmar said:

So if there are no written/recorded communications or witnesses that I did not give it to her as a gift my PC is in forfeit? Can gift of such value be made without any ownership transfer documents?

I do have proof that I asked for it back in September, and she did not return it because she "did not want to see me." As well as her own words that she gave it away after September.

Thanks.

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Niestmmar said:

Thanks,

I will try to build my case around the fact that I never was told to come get it or lose it. When she did ask me if I want to get it now, it was more in the context that since I was not her BF anymore, I would not want to leave it with her for the rest of the summer. I did not care if she keeps using it until the end of summer, and my exact reply was "I will pick it up in the September."

Would logs of the conversation in IM be considered evidence?

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Proserpina said:

Outside of TV court shows I have never heard of IM printouts being accepted as evidence - they are simply far, far too easy to fake. There is virtually no way of verifying their veracity.

If you do go to small claims and lose - and frankly I don't rate your chances highly at all - you may also be expected to pay her court costs (if any). You also need to bear in mind that any award will be based on the used price, and seriously consider whether it's worth it.

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