can i take back gift?

[Hopkins306]

What is the name of your state? Indiana my girlfriend lives in Illinois

Me and my girlfriend have been dating for about 8 months now. She lives just across the Illinois border. Couple weeks ago she broke her camera so i got her a new one on Amazon.com. Then, the day before the camera was due to arrive she broke up with me. I contacted her asking for the camera back but she refuses. I have the email receipts amazon sends out. Can i go to small claims court to get it back? Do i file the claim at my local court house or do i have to go to the one in Illinois where she lives to file this?

 

[seniorjudge]

You cannot take a gift back because you later (after the delivery of the gift) become upset with the person you gave a gift to.

 

[Hopkins306]

well the gift didn't arrive by the time she broke up with me. She broke up with me on a Saturday and the gift arrived on monday.

 

[justalayman]

I suspect that in a samll claims case, you may be able to retract the gift if it had not been delivered at the time of the break up. Small claims courts get to do a lot of things not normally accepted in regular courts. Although it could go the other way as well. The courts may accept your promise of the gift as the actual gift and not the actual delivery of the camera determining factor. The most you are going to lose is the time to do this and the court costs. You need to weigh things out to determine if it is worth it to you.

If you expect the court finding to have any enforcability, you need to file in her states courts. Although you could file in yours, Indiana courts decisions have no power or effect in Illinois. You would have to go through a domestication process to have the judgement transferred to Illinois' jurisdiction to be able to have it have any affect in Illinois. Just file there to start with.

 

[seniorjudge]

In other words, forget it.

You will spend more money than you paid for the camera trying to get it back.