Can someone sue you for not returning an item to them that they gave to you as a gift?

Asked almost 2 years ago - Fayetteville, NC

My best friend is going through a rough breakup and his ex girl friend is threatening to sue him for "stealing" a game console that she gave to him as a gift for their anniversary and also trying to place criminal charges and get him arrested for it. Is it possible for someone to do this?

Attorney answers (2)

  1. James M. Osak

    Contributor Level 15

    Answered . NO. When she gave him the "console" as a GIFT she
    lost all property rights in the console. It's his!
    Additionally, he can sue her for DEFAMATION and
    MALCIOUS PROSECUTION if she tries to file
    "criminal" charges. Tell her to grow up . . . and
    SHOW HER a copy of this email.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more
  2. William Tyler Moore Jr

    Pro

    Contributor Level 19

    Answered . It boils down to a fact question. Was it a gift or not? It's a classic "he said- she said" situation. It's up to the police to investigate. If she gave him a card with the gift, it'd be too handy. Ordinarily, I'd tell him not to talk to the police. But they need to know it was a gift. He needs to talk to a criminal defense lawyer now to head off any charges.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more

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