Can you take

[jmferr]

Hi,
I was wondering if my ex-boyfriend has any legal grounds to take me to small claims court to get back gifts he gave me during the relationship. These gifts were given to me for my birthday, Christmas, etc. He's claiming to counter sue me for these things because he has received my civil summons to small claims for an outstanding automobile loan he has not paid me back for. Any help is much appreciated. Thanks!

 

[calalily]

Gifts

Anyone can sue for almost anything...however that said he won't win a judgement against you. Gifts are gifts and can't be taken back (with the exception of engagement rings). The Judge will see what he is doing and deny his claim. Hopefully you have papers signed that he owes you the money or canceled checks with loan written in the memo line. Written documentation is everything! Take all your paperwork even emails or letters he may have sent that talk about the loan. Goodluck!

 

[Michael Wechsler]

Hi,
I was wondering if my ex-boyfriend has any legal grounds to take me to small claims court to get back gifts he gave me during the relationship. These gifts were given to me for my birthday, Christmas, etc. He's claiming to counter sue me for these things because he has received my civil summons to small claims for an outstanding automobile loan he has not paid me back for. Any help is much appreciated. Thanks!

This is perhaps the most common method of "getting back at your ex" after the relationship is long over. Be aware of the difference between a gift and a loan. You will need to PROVE that the money you gave him for the auto is a loan. Did he sign any written agreement with you? That is the easiest way to prove that the money you gave him was a loan. Was there a specific time when you told him you expected to be paid back. That is usually the telling differentiator between a gift and a loan. Some people will say "I told him pay me back when you have yourself together" and that is NOT a date certain when the money would be paid back. Additionally, if the person never got themselves "together" then the money would not be owed. Be very good with the facts for your case for a loan

Regarding the gifts, I doubt that he'll get them back and it's typically the way the ex counterclaims to try to mitigate the damages of actual loans... unsuccessfully. The judge will know they are gifts with no expectation of "payback." Just make sure you can separate and distinguish the loan from the typical exchange of money that may go on between people in a significant relationship. Good luck!