Gift

[aysha]

This is for the Birds

A parrot was given to me by an older person who could not take care of it anymore due to health reasons. I have had this parrot for almost a month and just recieved an emailed letter from ex-owners lawyer asking if i could return the parrot at my earliest convenience because ex-owner misses the parrot. There was never any written documentation only verbal stating that I would not sell or give away parrot which I have not done. If owner decides to take me to court, how should I handle this situation and what are my rights to this parrot?

 

[Shadowbunny]

A parrot was given to me by an older person who could not take care of it anymore due to health reasons. I have had this parrot for almost a month and just recieved an emailed letter from ex-owners lawyer asking if i could return the parrot at my earliest convenience because ex-owner misses the parrot. There was never any written documentation only verbal stating that I would not sell or give away parrot which I have not done. If owner decides to take me to court, how should I handle this situation and what are my rights to this parrot?

The lawyers will come by and answer the legal question, but I'm curious: why WOULDN'T you return the bird to an older, sick person who misses his/her pet just out of human decency and kindness?

 

[BOR]

aysha, did you receive any communications from her before the lawyer letter?

If you did not, this greatly indicates to me she is using the lawyer as a pressure tactic, and had no intention of trying to resolve the issue before hand.

Did she say it was a gift or some such similar phraseology? You say she let you have it due to illness, but what was the exact language, if you remember.

The language of the lawyer that she "misses the Parrot", at least facially to me, indicates it was a gift. It it was a temporary custody issue, why didn't he say that or be more specific in his legal explanation?

 

[latigo]

If the owner delivered the bird to you manifesting the intention to make it a gift (verbally or written), then ownership or title to the bird passed to you at that moment. It’s simply 101 personal property law.

Moreover, it seems to me that the emotional issue, which is clearly irrelevant from the standpoint of legal ownership, is a wash anyway. You obviously have become fondly attached to the bird and are reluctant to part company or you wouldn’t be asking. Whereas the previous owner consciously parted with it.

The lawyer telling you that the client "misses the bird" suggests that he or she is fully aware that a gift ensued. Otherwise it is reasonable to assume that the lawyer would have expressed conditions negating a gift.

Also, it is possible that the remorse over the absence of the bird and letter writing has been instigated by some family member who would prefer to have it themselves.

Perhaps some visitation can be arranged. In the meantime email the lawyer attaching photos of the plumed critter.

 

[divona2000]

A parrot...just recieved an emailed letter from ex-owners lawyer asking if i could return the parrot...

...it is possible that the remorse over the absence of the bird and letter writing has been instigated by some family member who would prefer to have it themselves...

Are you sure this email was from a lawyer?
What kind of parrot is it? This being continued in court might depend on value, a low-cost Budgerigar or an expensive Hyacinth Macaw?

 

[aysha]

Wow Latigo, it seems like you hit the nail on the head. Let me explain more in depth about the situation. A friend told me the owner needed to get rid of her parrot because she had fallen and was seriously injured and hadn't been taken care of it since last year when the fall occurred. The husband was the one taking care of it, but recently has acquired lung issues and Dr told him not to be around the parrot. When they found out I already had other parrots, they agreed that I could take it. I drove an hour and a half to pick up the parrot. They were very nice to me and happy it would be getting a good home. When I got home, the parrot bit everyone. I spent alot of time with him and now I can do anything with him and he doesn't bite me anymore. I sent text messages and emails with pics to let them know how he was doing. At first they were greatful, but the wife has sent me several emails saying how sad she is. Some were nasty and upsetting. She never asked for the parrot back until I received the letter from the lawyer asking if I would return the parrot. I am very attached to him and him to me. I would have returned him right away if I knew he was going back to an environment where he would be cared for properly. I am thinking the daughter is behind this as she had been trying to convince the mother to give her the parrot and the mother refused.

 

[latigo]

. . . What kind of parrot is it? This being continued in court might depend on value, a low-cost Budgerigar or an expensive Hyacinth Macaw?

Expressing knowledge of the market value of parrots is one thing.

Quite another is making foolish remarks such as the degree of permanency of a gift is inversely related to its market value.

(Better hide those expensive Christmas presents, divona. Must guard against friends and relatives playing nasty Indian tricks.)

 

[divona2000]

...it is possible that the remorse over the absence of the bird and letter writing has been instigated by some family member who would prefer to have it themselves...

Wow Latigo, it seems like you hit the nail on the head...I am thinking the daughter is behind this as she had been trying to convince the mother to give her the parrot and the mother refused.

...making foolish remarks such as the degree of permanency of a gift is inversely related to its market value.

(Better hide those expensive Christmas presents, divona. Must guard against friends and relatives playing nasty Indian tricks.)

Both the OP and I agreed with what you said.
Op confirms she has nothing in writing gifting her this bird, but how likely is it that a court battle would ensue over a $15 bird? Makes the cheap one more 'permanent' than an expensive one.

(and what's with the racist remark about 'nasty' Indian tricks? Do you think we are less trustworthy than non-Indians?)