Stolen I think not!

[hoodlum]

What is the name of your state? Indiana My sister received a cell phone from her boyfriend for her birthday. They were living together at the time and then they split up. He told her that she could keep the phone since he bought it for her for her birthday.

Anyway, he thinks she is dating someone else and now wants it back. They were on the same cell phone bill and she told him that she would have her phone removed from his billing and have it put on her own.

He called her this morning and said she needed to bring it to him or the cell phone company is telling him to report it as stolen.

First question, if it was a gift shouldn’t she be able to keep it?
Legally if he wants to try to get it back shouldn’t he have to sue her for it?
Should she call the cell phone company and tell them that he bought it for her as a gift and that he cannot report it stolen?

Need advice quick and I was not sure if this was where I should post this question

 

[JETX]

First question, if it was a gift shouldn’t she be able to keep it?

Yes.... and no. A cellphone is not like a normal 'gift'.... in that it incurs additional costs as it is used. She would certainly be able to keep the phone.... but not the service.

Legally if he wants to try to get it back shouldn’t he have to sue her for it?

Of course, a court would be the last resort.

Should she call the cell phone company and tell them that he bought it for her as a gift and that he cannot report it stolen?

No. They don't care... and very didn't tell him to do that. However, she does need to contact the cell phone service provider about separating her bill and obligation from his.

 

[hoodlum]

She has always gone to the cell phone company and paid her portion of the bill so they know that the one phone is hers.


Just this last month she paid her portion of the bill.

 

[NotSoNew]

it doesnt matter, the bill is in his name, if at any time your sis decides not to pay, he is stuck with HER bill legally, so he has ever right to shut off her phone so he doesnt have to pay for it. To avoid this she needs to transfer it out of his name ASAP. Then its done.

I did the same thing to an ex BF except he ran up a 500 bill, I reported it as stolen since I knew he wouldnt pay and sure enough he didnt. I sued him in small claims court and got a judgement against him for the amount.

 

[hoodlum]

His main beef is he wants the phone back, its not about paying the bill. I told my sister we would have it put in my name not a problem if she could not have it put in her name.

She could have it done today.

He is adamant though he wants the phone.

I told her to tell him to bad, a gift is a gift. Otherwise take me to court and it will be proven. He gave it to her at her 21st birthday party in front of friends and family.

 

[enjay]

She should just transfer her phone number to a new account, get one of those nifty free or cheap phones you get with your contract, and give the guy the phone back.

This is such a minor thing to get stressed over.

 

[JETX]

I reported it as stolen since I knew he wouldnt pay

And you are damn lucky you didn't get hit with a CRIMINAL charge of filing a false report. If you gave him the phone or he had it with your knowledge or permission... that is NOT theft.
Only an idiot would file a theft report when it isn't true.

 

[NotSoNew]

And you are damn lucky you didn't get hit with a CRIMINAL charge of filing a false report. If you gave him the phone or he had it with your knowledge or permission... that is NOT theft.
Only an idiot would file a theft report when it isn't true.

um i didnt file a report with the POLICE i told the phone company it was lost or stolen (i dont recall which) so they would disconnect the service on it. and i reconnected it to my own phone. i gave him the phone to USE with the understanding he would pay his own bill, he lost his job, couldnt pay, i asked for the phone back, he refused to return it, i refused to allow him to continue running up a bill in my name so i had the service disconnected.

 

[JETX]

so i had the service disconnected.

No you didn't. Your own post says that you LIED to the phone company and claimed that the phone was stolen... when you knew all along where it was.... and who had it. That, darlin', no matter how you spin it.... is lying.

 

[NotSoNew]

No you didn't. Your own post says that you LIED to the phone company and claimed that the phone was stolen... when you knew all along where it was.... and who had it. That, darlin', no matter how you spin it.... is lying.

okey dokey

 

[Some Random Guy]

21st birthday party with family and friends. Sounds like an occasion for photography. Check to see if the phone is in one of the photos.

But with all of those witnesses, your best plan of action is to call the phone company and get her bill put in her name and tell him to go bite rocks.