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Gifted computer

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jamies2

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

I have a 20 year old college going daughter and she lives with me (and my wife) in our house. I gifted my computer to her an year ago (we have no paper work regarding this gift but my daughter has been using that computer since I gifted it to her)

Recently a court ordered me to bring all the computers (which are in my possession or custody or control) to the court, in relation with a lawsuit, to verify some files in those computers.

Do I need to bring the computer, that I gifted to my daughter, to the court? My daughter and wife gave affidavits (I am also confirming this fact) verifying that I gifted that computer to my daughter long before this court order
 


Zigner

Senior Member, Non-Attorney
I believe a good case could be made that you have access to that computer, thus it could be considered as being in your "control". What is the problem with bringing it in?
 

jamies2

Junior Member
Thank you. I never accessed or used that computer since I gifted to my daughter: My daughter also stated this fact in her affidavit (and I also agree with this fact)

My daughter is not interested in giving that computer to court unless she is formally contacted by the court (and I did not find anything wrong in her argument).
 

Zigner

Senior Member, Non-Attorney
Thank you. I never accessed or used that computer since I gifted to my daughter: My daughter also stated this fact in her affidavit (and I also agree with this fact)

My daughter is not interested in giving that computer to court unless she is formally contacted by the court (and I did not find anything wrong in her argument).
Ahh, you wanted validation not information.

I would suggest that you run your (plural) plan by an attorney. Good luck. Good day.
 

jamies2

Junior Member
Yes, I (we) want information.
If I do not submit that computer to the court, do I violate any rule?
 

jamies2

Junior Member
Thank you. I thought this is forum can help me rather than spending money with an attorney to get an answer for a simple question in law, in which I have no expertise.
 

Ohiogal

Queen Bee
You started another thread on this subject? Really? You are definitely trying to hide something.
 

Zigner

Senior Member, Non-Attorney
Thank you. I thought this is forum can help me rather than spending money with an attorney to get an answer for a simple question in law, in which I have no expertise.
You didn't like the answer you got here.
 

Ohiogal

Queen Bee
For my earlier question, an YES/NO answer would be fine.
Yes you could get in trouble for not turning over your daughter's computer and for her deleting information from it. But whatever. You don't like that answer. Go forth and sin no more. Say six hail Apples and one Microsoft.
 

Zigner

Senior Member, Non-Attorney
For my earlier question, an YES/NO answer would be fine.
I gave you an answer. Based on what you posted, an argument could definitely be made that you had access to and, therefor, control of the computer. As such, the court order would seem to apply.

You didn't like that answer. I suggest that you consult with a local attorney who can review all of the facts of the case and give you a more personalized answer.
 

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