Ex Girlfriend won't give stuff back...

[Sage W]

MESA ARIZONA
A former girlfriend (who I gave thousands to for rent and other) wants to keep about $1900 worth of stuff (computers, bed, some clothes, etc), claiming I gave them to her as "Gifts." However, I have all the original sales receipts, and bank statements, and we had a verbal agreement that when I moved into a new place, I would take my stuff with me. What actions can I take to get my stuff, or at least my money back? And could I also do something to get back the rent I paid? I co-signed her apartment, and transfered funds to her account so she could pay. I have the bank statements for these.

 

[Banned_Princess]

You are the moron who cosigned her appartment and gave her the money for the rent. you might not get that back. Depending on alot of things. like, did you move in there too, how long were you together.

You are going to have to sue her. Just because you have the receipts doesn't mean they weren't gifts, but if she goes into court thinking she can just call everything a gift, then she will probably lose.


If the cloths you are refering to are womens cloths, then they were gifts.

 

[latigo]

Since she won’t give up your stuff you have two options. Walk away from it or file a civil complaint against her in small claims for replevin of the goods or in the alternative a money judgment for their dollar value. Provided you present it properly, I think it is a very winnable case.

At the trial or hearing before the small claims judge as the claimant you will first proceed with your evidence – your testimony that you purchased the goods, the receipts, the circumstances under which she obtained possession, your demands for their return and her reneging on her agreement to return them to you.

You are also a competent witness to testify as to the value of the items.

Once you have submitted the above you will have satisfied your burden of proof in establishing what is called a prima facie case. Which means that taking your evidence at face value you have presented a factual basis to support your claim of ownership of the goods and are entitled to their return.

Once the prima facie case is made the burden of proof then will shift to her. If she claims that the items were gifted to her, then she has the burden of proving that you intended to make her a gift of the items (called donative intent).

However, there is an important distinction regarding the required degree or level of proof of her evidence to establish the gift and your evidence to prove ownership. To prevail on her affirmative defense that the items were gifted she must prove “donative intent” by “evidence clear and convincing”.

That is a subtle distinction but it is a critical one and one that is favorable to you. What it means is that she must persuade the judge that it is highly probable that you intended to give her the furnishings. And her simply stating that you orally agreed that they were to be hers to keep when rebutted by your denial of every expressing any such intention won’t satisfy her burden of proof.
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I think you can forget about reimbursement for the rent money. And for a couple of reasons.
One you start the thread by saying that “you GAVE her thousands of dollars”. Secondly, no where do you mention that the rent money was advanced as a loan.

 

[Betty]

FYI - in Az. you can sue in small claims court for up to $2,500.