• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is there anything I can do?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cooper13

Junior Member
What is the name of your state (only U.S. law)? Missouri

I bought a new cellphone and added it to my line and bought a computer. I gave an exboyfriend the cellphone and computer to use. He was living with me at the time. He now says it was a gift since I gave it him to use? Is that true or can I take it back? Do I need to take him to small claims court? I did not say here is a gift for your or present it that way.
 


justalayman

Senior Member
He now says it was a gift since I gave it him to use?
ut depending on what exactly was said, it may be seen either way.


Do I need to take him to small claims court?
if you are of the understanding they were loaned items and he won't return them or pay you for them, that is about your only option.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Missouri
I gave an exboyfriend the cellphone and computer to use. He was living with me at the time. He now says it was a gift since I gave it him to use? Is that true or can I take it back? Do I need to take him to small claims court? I did not say here is a gift for your or present it that way.
See here? You GAVE the items to him for his use. You didn't say you were LOANING him the items for his use while he lived with you. You probably didn't even discuss the arrangements for how the items might be returned if he moved out. If it was intended to be a conditional thing, that should have been discussed and put in writing at that time.

Based upon what you say, I really believe that the items were intended as a gift, and not a loan. I'll just bet the only reason you want them back now is that the boyfriend is now an ex, and he moved out. Too bad for you that you didn't set the ground rules before that happened.

Sue if it will make you feel better, but a judge is probably going to see this the same way I do - a gift has suddenly turned into a loan now that the relationship has ended.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top