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

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.

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Attorney answers 1


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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