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Receiving Gift then they want it Back!

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boobamgma

Junior Member
What is the name of your state?
Missouri
A friend bought me a laptop on Dec.1st 2017 for my birthday/christmas ( since there only a week a part) last year on his/her Walmart credit card. Now as today he/she want me to pay for it when it was giving to me as a gift. I had witnesses here that day when he/she brought it to me. My question is do I have any rights on this gift or can he/she take it back or charge me for it?
 


Just Blue

Senior Member
What is the name of your state?
Missouri
A friend bought me a laptop on Dec.1st 2017 for my birthday/christmas ( since there only a week a part) last year on his/her Walmart credit card. Now as today he/she want me to pay for it when it was giving to me as a gift. I had witnesses here that day when he/she brought it to me. My question is do I have any rights on this gift or can he/she take it back or charge me for it?
Was it wrapped up in gift paper/gift bag? Why do you think s/he is trying to charge you for what was a gift? Did you have a falling out?
 

LdiJ

Senior Member
What is the name of your state?
Missouri
A friend bought me a laptop on Dec.1st 2017 for my birthday/christmas ( since there only a week a part) last year on his/her Walmart credit card. Now as today he/she want me to pay for it when it was giving to me as a gift. I had witnesses here that day when he/she brought it to me. My question is do I have any rights on this gift or can he/she take it back or charge me for it?
Anybody can sue anybody for anything. The question is whether or not they could win the suit. Its pretty unlikely that your friend could win a suit against you for something given as a gift.
 

quincy

Senior Member
What is the name of your state?
Missouri
A friend bought me a laptop on Dec.1st 2017 for my birthday/christmas ( since there only a week a part) last year on his/her Walmart credit card. Now as today he/she want me to pay for it when it was giving to me as a gift. I had witnesses here that day when he/she brought it to me. My question is do I have any rights on this gift or can he/she take it back or charge me for it?
Your witnesses can help support your contention that the laptop was a gift and not a loan. Do you have evidence beyond that?

Absent evidence to the contrary, the presumption in law is that if property is given to a family member or spouse, it is a gift. If property is given to a friend, it is a loan.

The burden of proof is on you.
 

boobamgma

Junior Member
Your witnesses can help support your contention that the laptop was a gift and not a loan. Do you have evidence beyond that?

Absent evidence to the contrary, the presumption in law is that if property is given to a family member or spouse, it is a gift. If property is given to a friend, it is a loan.

The burden of proof is on you.
Nothing else just that. He/she never ask for any money or anything until we got into an argrument and now he/she wants me to pay for it. When almost a year ago it was given to me as a gift.
 

boobamgma

Junior Member
Was it wrapped up in gift paper/gift bag? Why do you think s/he is trying to charge you for what was a gift? Did you have a falling out?
No it was not wrapped in anything. He/she brought it in and said Happy Birthday and Merry Christmas. And not a word have ever been said for any money until now after we had an argument.
 

quincy

Senior Member
Nothing else just that. He/she never ask for any money or anything until we got into an argrument and now he/she wants me to pay for it. When almost a year ago it was given to me as a gift.
Well ... if your friend sues you, you should have your witnesses on hand to testify.

It is unfortunate but today it can be smart to have everything in writing, including having a signed greeting card that says "here is a [whatever] for your birthday." Or have the gift-giving on video.

Good luck.
 
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Taxing Matters

Overtaxed Member
Absent evidence to the contrary, the presumption in law is that if property is given to a family member or spouse, it is a gift. If property is given to a friend, it is a loan.
At least a number of states do provide the presumption that a transfer of property made to a spouse or children is a gift. Some states also have a presumption that a transfer made to a stranger is not a gift (though the presumptions I've seen do not go so far as to say it is a loan versus a sale or other transaction, just that it is not a gift). I'm not aware of any presumption either way, though, in the case of a transfer made to a "friend." Perhaps some state does have such a presumption with respect to friends; mine does not and I don't know any that do off the top of my head. If Missouri law does not have such a presumption (and I've not throughly researched it) then it will be up to the friend to prove the transfer was not a gift if the friend sues over this since in the absence of any presumption it is the burden of the plaintiff to prove his/her case.
 

HRZ

Senior Member
Blowing hot air as to return of a gift is just that; hot air .

IF and when you ex friend files a legal action as to the gift/loan involved, REPOST

THere may be a presumption under state law that absent a record or an available in court witness to the contrary , that it is a loan of the laptop . Your burden to prove it was a gift....take your witness to court IF it goes that far.

My impression is that at worst you will need to return a year old laptop .
 

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