Gifted computer

[I'mTheFather]

The scenario is much complex than I initially explained. I made it brief earlier to directly come to the point.

I have an 19+ year old daughter lives in my house and she uses that laptop. I gave the laptop to her as a gift several months prior to the lawsuit was filed (and after the alleged defamatory messages were posted). She use the laptop for her work. I informed the plaintiff of the current owner (i.e, my daughter) of the laptop after they filed the lawsuit on me. However, neither Plaintiff nor the court contacted my daughter till date. Therefore, she was using the laptop and she did not take any extra steps to stop erasing files, etc, until the forensic image was taken. However, she voluntarily submitted the laptop for forensic imaging, based on my request to do so. She also submitted an affidavit confirming that I never used the laptop once I gave it to her as a gift.

None of us sent any defamatory messages. What are the merits in the spoliation of evidence charge that Plaintiff is claiming? If the court determines any spoliation of evidence then who (I or my daughter) should face them?

This is from jonnu's thread.

The volunteers here have donated too much time to this problem, especially Quincy, for this person to continue to yank our chains. Enough is enough.

 

[quincy]

Thanks again and I agree.

However, I cannot produce the computer of my tenant just because of the fact that he is in the same hose.

Warrant is a different issue, which will be implemented by police or so and thy take the burden of the consequences. Here, I am the one who needs to implement and I do not take advantage of my daughter's situation (that she is in my house). At least hypothetically, what if my daughter files a police case on me for taking her property (computer) without her permission?

The computers are returned once the forensic imaging is done.

You will want to address any search of the computer when that time comes. A party is generally not allowed access to all that is on the computer, as that would be considered an invasion of privacy. Any search must be limited to what is reasonable and relevant to the case, and any discovery request that goes beyond that can be, and should be, challenged.


edit to add: Ahhh! It IS sounding familiar now. The good news is that it is easier to answer the second time around.

 

[I'mTheFather]

Seriously, speak to a local attorney. That's your best best.

I liked this post because of how you quoted. It gave me a serious belly laugh. Thanks!

 

[Eekamouse]

I imagine that the computer he's trying to hide is the computer that has the files the court is looking for. Lying about it not being yours and claiming you gave it to your daughter so it doesn't count is going to get you in sooooo much trouble. Good luck with your sneaky little scheme, buddy.

 

[jamies2]

Thanks everyone for every details, including references to previous similar questions as well.

Still my arguments are: the computer has a password available only to my daughter, therefore, the computer is not like a TV, which anyone in the house can watch.

It seems to me, from your feedback, that ADULT children have to submit any of their belongings (in the house) to their parents as long as they are staying in the parents' house because parents have "control" on those belongings. In the same way, ADULT children have "control" over everything over the parents belongings in that house, as long as the children are saying in the same house!?

Do our constitution and laws permit this? Can't we keep personal things in our house, without having "control" from other family members over those things?

 

[tranquility]

I imagine that the computer he's trying to hide is the computer that has the files the court is looking for. Lying about it not being yours and claiming you gave it to your daughter so it doesn't count is going to get you in sooooo much trouble. Good luck with your sneaky little scheme, buddy.

I think it may in reality NOT be the OP's. It may have been a real and valid gift. But, because he has possession, custody and control over it when daughter is gone, the court made its order broad to cover the possibility it had could have been used then. This is not about ownership, it is about use. While the OP wants to make it about ownership, the court wants to see all the computers he may have had access to. (Especially ones that may be using the same IP address.)

 

[quincy]

Thanks everyone for every details, including references to previous similar questions as well.

Still my arguments are: the computer has a password available only to my daughter, therefore, the computer is not like a TV, which anyone in the house can watch.

It seems to me, from your feedback, that ADULT children have to submit any of their belongings (in the house) to their parents as long as they are staying in the parents' house because parents have "control" on those belongings. In the same way, ADULT children have "control" over everything over the parents belongings in that house, as long as the children are saying in the same house!?

Do our constitution and laws permit this? Can't we keep personal things in our house, without having "control" from other family members over those things?

There are certainly arguments you can make. They will be easier to make if you have an attorney in your area, who can personally review all of the facts, assist you in making them, though.

 

[I'mTheFather]

Thanks everyone for every details, including references to previous similar questions as well.

Still my arguments are: the computer has a password available only to my daughter, therefore, the computer is not like a TV, which anyone in the house can watch.

It seems to me, from your feedback, that ADULT children have to submit any of their belongings (in the house) to their parents as long as they are staying in the parents' house because parents have "control" on those belongings. In the same way, ADULT children have "control" over everything over the parents belongings in that house, as long as the children are saying in the same house!?

Do our constitution and laws permit this? Can't we keep personal things in our house, without having "control" from other family members over those things?

As advised previously, check with your lawyer.





If you don't have one, get one.

 

[jamies2]

Thanks again. But I and my daughter have affidavits saying that I NEVER even touched that computer once I gifted to my daughter.

Again, I am reminding in a friendly manner that the computer has a password set by my daughter (and the password was never shared).

 

[I'mTheFather]

At this point, I'm tempted to link this on my FB and ask all friends to spread it around. After all the subterfuge on this forum alone, I'd like the plaintiffs to know what they're dealing with.

 

[Zigner]

Thanks again. But I and my daughter have affidavits saying that I NEVER even touched that computer once I gifted to my daughter.

Right - and no family has ever lied when daddy might get in trouble.

Again, I am reminding in a friendly manner that the computer has a password set by my daughter (and the password was never shared).

Bring me the computer, I can get in to the machine in a minute or two (including my potty break). Seriously, it doesn't matter.

You're not going to listen anyway.

 

[tranquility]

There are certainly arguments you can make. They will be easier to make if you have an attorney in your area, who can personally review all of the facts, assist you in making them, though.

I completely agree and wish I again wrote to see an attorney with my previous post.

Could there be an argument made? Sure. But, the best time for the argument was when the order was being created and/or within the owner's time to quash the order. It seems like the day of production is now near and any factual argument is going to be a LOT harder in dealing with an order to show cause for contempt than it would have been if handled correctly up front.

See an attorney.

 

[Eekamouse]

Daddy: Hey, child, I'm about to get into a bunch of trouble for some stuff I did on this here computer. Can we tell people that this computer was bought for you and I've never used it please? It'll help me out a lot and you'll save my bacon.
Daughter: Sure thing, Dad.

 

[Proserpina]

Does he seriously think that Those In Charge haven't seen this tried a million times before?

I know it's Monday and everything but come ON...

 

[stealth2]

Thanks again. But I and my daughter have affidavits saying that I NEVER even touched that computer once I gifted to my daughter.

Again, I am reminding in a friendly manner that the computer has a password set by my daughter (and the password was never shared).

Unless the 'puter is chained to her 24/7, she cannot swear you never touched it. As for the password? LOL Not too hard to hack. You likely have to produce the computer - if girlie needs it for her "career", she may need to consider buying a new one and locking it up when not in use.