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Can my ex sue me for the cost of a plane ticket that was meant as a gift?

Carrollton, GA |
Filed under: Lawsuits and disputes

My now ex bought a plane ticket for me to come visit him, however, in between the time of purchase and now he's been rather mean, a bit of a liar and in general not someone I wish to date or even be around anymore. He's threatened to sue me for the cost of the ticket when he did not require me to pay him back and considered it a gift when we were together. Can he really sue me? Also, he's been sending me harassing emails and texts, how hard is it to get a restraining order?

Attorney Answers 3

  1. Best answer

    A gift is a gift, and a gift giver can't transform that gift into a loan just because their feelings changed.

    You don't need a restraining order for electronic harassment if you just use your phone's and computer's block and filter functions for his harassing emails and texts. Keep them in a file where you don't have to look at them but you'll have evidence if you do want to pursue some legal action. Sometimes the best strategy is just to ignore someone if they're seeking attention and you stop providing it. Eventually, they'll stop.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. A gift is a gift. However, can you
    show or prove it was a gift? If it
    is a gift . . . you owe him nothing!
    If he sues you, countersue him
    for filing a frivolous lawsuit and
    for the harrassment. What does
    the harrassment consist of, trying
    to collect the alleged debt? Keep
    copies of the emails/texts in case
    you need as evidence in court. If
    you need to . . . file for a PPO at
    the court, It's not hard and you
    can do it without an attorney.
    Let him explain to the judge his
    emails/texts to you once you
    show them to the judge! You
    can also bring your own
    witnesses to bolster your case.
    Talk to a local attorney to send
    ex a 'cease and desist' letter.
    It'll cost you $75-90.00 but
    might stop ex from bothering
    you anymore. Good luck.


  3. Yes your ex can sue you for the plane ticket. That's never a question (anyone can sue for anything). The real question is whether or not he would win. And the answer is - it depends on if the court agrees that it was a gift. He would have to be able to show the court that there was an expectation of the cost being returned OR the court would have to agree that the fact that you no longer intend to visit (the original reason for the gift) does not create a right of reimbursement. It is not possible to tell you an outcome with certainty since it depends on what the judge sees and hears, and how the judge interprets it.

    To obtain a restraining order, you must be able to show a reasonable apprehension for your safety. Thus, it will depend on the frequency and tone of the emails and text messages.

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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