Crazy woman

[AArizmendi]

What is the name of your state (only U.S. law)? NY

Hello, I need quick advise on an issue I think is ridiculous. I was dating a woman 6 months ago and she gave me an expensive gift that I never asked for. She felt she wanted me to have this gift even though I said i couldnt accept it. So I accepted it and used it for the last 6 months. We have stopped dating 4 months ago and now she wants the item back. Unfortunately it was damaged in an accident and I no longer have it. She doesnt believe me and is going to take me to court to get her item back. As far as I know she relinquished her right to that item when she gave it to me as a gift with the gift receipt. What legal rights does she have and what rights do i have? This is so ridiculous to have to handle in the legal systems but I'm dealing with a moron. Any thoughts? Thank you very much.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

Hello, I need quick advise on an issue I think is ridiculous. I was dating a woman 6 months ago and she gave me an expensive gift that I never asked for. She felt she wanted me to have this gift even though I said i couldnt accept it. So I accepted it and used it for the last 6 months. We have stopped dating 4 months ago and now she wants the item back. Unfortunately it was damaged in an accident and I no longer have it. She doesnt believe me and is going to take me to court to get her item back. As far as I know she relinquished her right to that item when she gave it to me as a gift with the gift receipt. What legal rights does she have and what rights do i have? This is so ridiculous to have to handle in the legal systems but I'm dealing with a moron. Any thoughts? Thank you very much.

**A: be more specific so tell us what the gift was, how it got damaged, the value of the gift when you got it, the value of the gift when you got rid of it, why did you get rid of it, to whom and how much you got for it?

 

[AArizmendi]

It was a Gucci bag worth 1300.00 when she bought it and today it retails about 900.00. It was damaged by water and the contents of the bag were also damanged which were more than 1300.00 including a iPad, passport, a hard drive. I threw the bag out because it was damaged beyond repair/use.

 

[BL]

It was a Gucci bag worth 1300.00 when she bought it and today it retails about 900.00. It was damaged by water and the contents of the bag were also damanged which were more than 1300.00 including a iPad, passport, a hard drive. I threw the bag out because it was damaged beyond repair/use.

What is this gift receipt ?

 

[AArizmendi]

The gift receipt came with the bag when given to me as a gift. I presume to exchange it if I wanted to or return it if it were damaged from manfacturers defect.

 

[BL]

The gift receipt came with the bag when given to me as a gift. I presume to exchange it if I wanted to or return it if it were damaged from manfacturers defect.

What I am getting at , is this just the receipt of purchase ,or does the receipt indicate a Gift specifically also?

How was this gift paid for , also ?

 

[AArizmendi]

Its a gift receipt which doesnt have the actual cost on it. Only the transaction and I would think the original purchase was made with a credit card although Im not certain as Ive never asked her how she paid for it.

 

[BL]

Its a gift receipt which doesn't have the actual cost on it. Only the transaction and I would think the original purchase was made with a credit card although Im not certain as Ive never asked her how she paid for it.

If it were ordered on line,she could simply refer to their policies,and say all purchases of this size are gift wrapped .Doesn't mean the item was gifted per say ,so you'd have to convince the court it was in fact gifted to you.

11.0 Gift wrapping
11.1
The Products purchased on the Site are delivered in gift boxes. The Products are wrapped in tissue paper and are enclosed in a gift box bearing the Gucci logo.
The box is wrapped with a silk ribbon.

The Gucci gift boxes are generally available for Products of the dimension 46x46x20 cm or smaller. For larger Products, a special Gucci gift box will be included in the delivery.

 

[AArizmendi]

I do know for a fact she purcahsed it at the Gucci store in NYC because she also bought herself a new bag at the same time and I saw that new bag the day she picked them up. She gave me the bag wrapped in a brown Gucci shopping bag and the gift receipt inside the shopping bag. It was presented to me as if I bought it at the store myself.