Can someone take you to court for not returning a gift they want back?

Asked over 2 years ago - Johnstown, PA

over 2 months ago a friend of mine bought me a phone because mine had broken, we didn't agree on me paying him back, he never intended on me having to pay him back or return the phone once a new one was bought.
he's in a rough spot in his life where he doesn't think anyone cares about him. i've tried to show him people care, that i had cared by talking to him... but i'm not giving him what he wants which is a relationship.
But i'm afraid he's going to take me to court to get the phone he bought me, it was a gift/he got it for me, never intended, never spoke/or asked for me to return it/pay him back.
i'd like for someone to give me more help on this subject, i don't have emails/text/ or any sort of proof from any of this just that the phone was mailed to me from Amazon where he had got it.

Attorney answers (1)

  1. L. Maxwell Taylor

    Contributor Level 20

    Answered . Stop worrying, it won't fix anything. If it was a gift, it was a gift. A person who wants to sue must generally pay a filing fee to sue in small claims court. Then the person must prove his claim by admissible evidence. Assuming the phone cost what phones cost, I can't imagine it would be worth his while to pay the filing fee; but even if it was, he's got proof problems. And he hasn't done any of what you are worried about. So, stop worrying.

    Not legal advice, just my two cents. I don't practice law in Pennsylvania or hold licensure there. If you need legal advice, consult a lawyer who does.

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