Gift given back then stolen

[snorris0527]

What is the name of your state? Georgia

My daughter gave her boyfriend a gift valued at $410. Two weeks later they broke up and he gave the gift back to her. A few weeks later he came over to our house and the item disappeared from my closet. It came to our attention last week that he had it. I confronted him and he refused to give it back. I called the police and they wrote up a report but said that it was a civil matter.

I found the following statement on the internet, but don't know if it has any legal value:

The grantee (or donee) must accept the gift. However, because people
generally accept gifts, acceptance will be presumed, so long as the
grantee does not expressly reject the gift. A rejection of the gift
destroys the gift, so that a grantee can not revive a once-rejected
gift by later accepting it. In order for such an acceptance to be
effective, the grantor would have to extend the offer of the gift again.

Since he took it without our knowledge, do we have a case to pursue this in small claims court? What is the name of your state?

 

[BL]

What is the name of your state? Georgia

My daughter gave her boyfriend a gift valued at $410. Two weeks later they broke up and he gave the gift back to her. A few weeks later he came over to our house and the item disappeared from my closet. It came to our attention last week that he had it. I confronted him and he refused to give it back. I called the police and they wrote up a report but said that it was a civil matter.

I found the following statement on the internet, but don't know if it has any legal value:

The grantee (or donee) must accept the gift. However, because people
generally accept gifts, acceptance will be presumed, so long as the
grantee does not expressly reject the gift. A rejection of the gift
destroys the gift, so that a grantee can not revive a once-rejected
gift by later accepting it. In order for such an acceptance to be
effective, the grantor would have to extend the offer of the gift again.

Since he took it without our knowledge, do we have a case to pursue this in small claims court? What is the name of your state?

If He gave back the gift , it should no longer be his , or a gift .

She needs to file a claim , take the receipt for the item , or an Ad of it's approx . value , and testify in Court what happened . The Judge will decide , how much ( IF ANY ) She's entitled to .

Small claims filing fees are small .