• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

being sued to give back a birthday gift

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

Ian

Guest
State: California
Hi- My girlfriend (ex) bought me a gift on my birthday at a furniture store. She left me and 5 months later is telling me if she does not get the furniture (227.00 in value) that she will take me to small claims court.

She has the receipts for the purchase on my birhdate. Is there any other proof than my drivers license that I need to take to court, or should I deliver the furniture and that be the end of it? Do I have a chance?
 


I AM ALWAYS LIABLE

Senior Member
Ian said:
State: California
Hi- My girlfriend (ex) bought me a gift on my birthday at a furniture store. She left me and 5 months later is telling me if she does not get the furniture (227.00 in value) that she will take me to small claims court.

She has the receipts for the purchase on my birhdate. Is there any other proof than my drivers license that I need to take to court, or should I deliver the furniture and that be the end of it? Do I have a chance?
My response:

While the date of the purchase can have "circumstantial evidentiary value", the more convincing force would be the type of furniture that was purchased.

For example, it would be highly doubtful that she would purchase you a Loveseat for your birthday. However, it is more likely, for example, if she bought you that big, cushy, (man styled), reclining chair with fold out beer caddy, as a birthday gift.

See what I mean ?

So, what was it ?

IAAL
 
I

Ian

Guest
Being sued over a birthday gift reply

Reply to I am always liable

State: California

The furniture was a coffee table and two end tables.


 

I AM ALWAYS LIABLE

Senior Member
My response:

Unlikely.

A woman, in the normal course of everyday events (unless you're married) doesn't buy a man a coffee table and two endtables.

If I was the judge, I'd find in her favor.

Give the furniture back.

IAAL
 
I

Ian

Guest
reply for being sued for a birthday gift

To: I am always liable

Thank you, you have been very helpful. Have a great weekend.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top