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Tv gift

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cynthiaann323

Junior Member
MAssachusettes:

Two years ago i was living with my boyfriend. For Christmas i bought a 46" flat screen tv. Before i handed it over to him i told him that if we broke up i was taking it back because its just too much money to not get it; he said ok in a sarcastic tone. Last october we broke up, while getting all of my stuff from his parents house which is where we lived, i took the TV although he was not happy he didn't do anything about it. My friend was there when i took the tv and helped me move it and his mother was there as well and said it was mine and take it.
I had since then gotten back together with him and moved back in. We broke up again last month LAST AND FINAL TIME. I told him i was taking my tv at which point he informed me if i did so he wouldn't pay me back my 1200 he owed me. I told him he will pay me and when he's done i want my TV. needless to say he threw me out of the house and has finally after a month and a half paid me back all of my money. . . i just want to know if i can take him to small claims court and actually get my TV back.
My friend said she would be a witness as she has heard me tell him multiple times if we broke up that i was taking my tv back. I do have a proof of purchase as well that i got from the store that shows i purchased it and when i purchased it. I know i bought it as a gift however i told him i was taking it back if and when we broke up before he even got the remote to it. I then took it last year when we broke up. He knows i was going to take it this time and was loud and rude when i told him and i have waited because i needed my money he took from me back. Please help me. i just want to know i have a fighting chance if i take the time to take him to small claims court?
 


Zigner

Senior Member, Non-Attorney
MAssachusettes:

Two years ago i was living with my boyfriend. For Christmas i bought a 46" flat screen tv. Before i handed it over to him i told him that if we broke up i was taking it back because its just too much money to not get it; he said ok in a sarcastic tone. Last october we broke up, while getting all of my stuff from his parents house which is where we lived, i took the TV although he was not happy he didn't do anything about it. My friend was there when i took the tv and helped me move it and his mother was there as well and said it was mine and take it.
I had since then gotten back together with him and moved back in. We broke up again last month LAST AND FINAL TIME. I told him i was taking my tv at which point he informed me if i did so he wouldn't pay me back my 1200 he owed me. I told him he will pay me and when he's done i want my TV. needless to say he threw me out of the house and has finally after a month and a half paid me back all of my money. . . i just want to know if i can take him to small claims court and actually get my TV back.
My friend said she would be a witness as she has heard me tell him multiple times if we broke up that i was taking my tv back. I do have a proof of purchase as well that i got from the store that shows i purchased it and when i purchased it. I know i bought it as a gift however i told him i was taking it back if and when we broke up before he even got the remote to it. I then took it last year when we broke up. He knows i was going to take it this time and was loud and rude when i told him and i have waited because i needed my money he took from me back. Please help me. i just want to know i have a fighting chance if i take the time to take him to small claims court?
It was either a gift or it wasn't. You already stated that it was a gift when you "handed it over to him. You can't just "take it back."
"
 

Antigone*

Senior Member
MAssachusettes:

Two years ago i was living with my boyfriend. For Christmas i bought a 46" flat screen tv. Before i handed it over to him i told him that if we broke up i was taking it back because its just too much money to not get it; he said ok in a sarcastic tone. Last october we broke up, while getting all of my stuff from his parents house which is where we lived, i took the TV although he was not happy he didn't do anything about it. My friend was there when i took the tv and helped me move it and his mother was there as well and said it was mine and take it.
I had since then gotten back together with him and moved back in. We broke up again last month LAST AND FINAL TIME. I told him i was taking my tv at which point he informed me if i did so he wouldn't pay me back my 1200 he owed me. I told him he will pay me and when he's done i want my TV. needless to say he threw me out of the house and has finally after a month and a half paid me back all of my money. . . i just want to know if i can take him to small claims court and actually get my TV back.
My friend said she would be a witness as she has heard me tell him multiple times if we broke up that i was taking my tv back. I do have a proof of purchase as well that i got from the store that shows i purchased it and when i purchased it. I know i bought it as a gift however i told him i was taking it back if and when we broke up before he even got the remote to it. I then took it last year when we broke up. He knows i was going to take it this time and was loud and rude when i told him and i have waited because i needed my money he took from me back. Please help me. i just want to know i have a fighting chance if i take the time to take him to small claims court?
Judges really hate sorting out the pots and pans of the bf/gf break ups. But hey, all you lose is the time and the filing fee.
 

BL

Senior Member
One thing you have going for you is when you moved out the first time you were allowed to take the TV as if it were yours .

The argument then would be I bought it , took it with me when I moved out ,moved back in with it , and this time was told if I took it I wouldn't be paid the money I was owed .

It's a crap shoot ...

I don't know if your State allows for return of property ,therefor you may want to sue for the cost of it's worth used.
 

Zigner

Senior Member, Non-Attorney
The argument on the other side is that the OP never HAD permission to remove the property, but the guy didn't make a big deal of it because the OP returned it...
 

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