Ex-gf bought me a 65" tv as a gift, we've since separated...

[tigerfan12]

now she wants it back. The TV was priced at over $2000 and was also delivered to my address when she bought it. And I even offered to make payments to help, but she declined stating that she got that TV for ME as a gift and she wasn't going to let me make payments on my own gift.

Although, she does currently make payments to Best Buy under her name, I actually have proof with saved text messages that she was giving that TV solely as a gift. She has now apparently filed a civil suit against me and is taking me to court.

She bases her entire case that there was some sort of verbal agreement that if we broke up before Chirstmas then it would be hers and that it somehow is a "joint-gift". Neither of these are true and there is no proof that was the case.

She also claims to have made an agreement with Best Buy that if she wasnt able to make payments on the TV then they had the right to repossess it. Since she gave that TV as a gift does Best Buy have a right to come into my home and take it if she stops making payments?

I know you have these kind of questions all the time but any help regarding my chances in court would be helpful. I dont want to have to retain a lawyer's services if I already have the proof I need in my text message records.

 

[CdwJava]

Best Buy will not be able to come into your home to take it back, so that part's a bluff. They might try to repossess it, but unless they get a court order they are not going to be able to compel it. They WILL, however, go after her for the bills.

It seems that she will now have to try and prove to a court that it is her TV, and you will argue that a contract was made and that it was a gift.

Good luck.

 

[mightymoose]

When was the tv purchased and gifted to you?
The longer you have had it the stronger your argument is. If you have already had it several months then you should be ok. If you have only had it a few weeks then you may be on shaky ground.
If this just occurred in recent days then you might be ordered to give it back. The comment about Christmas makes me think that you have not had ownership of this tv for long... and if you want to keep it I could see a judge ordering you to pay up or give it back, even with your saved messages.
Don't worry about Best Buy, they have no reason to contact you. She is ultimately responsible to them.

 

[tigerfan12]

The Tv was purchased and delivered in mid-october. We officially split up towards the end of November. We began dating in the beginning of September. The text message was sent on Oct.15.

Would it be wise to retain a lawyer or would I be OK with just the text messages as evidence?

Also are there any court costs I will have to pay even if I represent myself?

 

[CdwJava]

The Tv was purchased and delivered in mid-october. We officially split up towards the end of November. We began dating in the beginning of September. The text message was sent on Oct.15.

Would it be wise to retain a lawyer or would I be OK with just the text messages as evidence?

Also are there any court costs I will have to pay even if I represent myself?

An attorney would probably cost at LEAST as much as the TV.

If she goes to small claims court, you may not even be permitted to be represented by an attorney. You can show the text message as a defense if she tries to sue you. But, like the repossession threat, that may also be a bluff.

 

[mightymoose]

The Tv was purchased and delivered in mid-october. We officially split up towards the end of November. We began dating in the beginning of September. The text message was sent on Oct.15.

Would it be wise to retain a lawyer or would I be OK with just the text messages as evidence?

Also are there any court costs I will have to pay even if I represent myself?

With that information, I highly doubt you will be able to keep the television without paying for it.

 

[tigerfan12]

With that information, I highly doubt you will be able to keep the television without paying for it.

But how is that the case when she gave it to me as a gift? I thought the moment it is recognized and given/received as a gift along with the text messages from her stating such then the tv should belong to me?

If her main intention was to give this to me with no other consideration (other than shes just now saying there was an "agreement") why should I be required to return it? That goes against all that I've researched on the matter so far.

Basically the only thing she has tangible proof of is that she's the one required to make payments. There was no other verbal or written contract between us other than her saying explicitly that it was a gift to me.

 

[mightymoose]

You have a decent argument to make, especially with your messages you have saved, but it is not uncommon for the court to consider the length of the relationship in determining the reasonableness of the intentions with a gift.
A small claims judge would not order you to return the tv, but could order you to pay a certain amount to compensate for it.
You should not expect to get something for nothing.
You may very well get to keep it if you can make a convincing argument to the judge, but be prepared to either give it back or pay a reasonable amount for it.

 

[tigerfan12]

I guess thats understandable. But then again, I shouldn't have to give up my only TV now that she wants to spite me. Plus, with her having no proof of there being any agreement between the two of us, I'm fairly confident in my chances.

What's unreasonable is to buy a $2000 tv for someone when you've only been dating a month. But since she declined to let me help pay for it and stated it was MINE and a gift then I don't believe I'm wrong at all...

 

[mightymoose]

You are not obligated to give it back or pay anything until ordered to by a judge.

I suspect you could come down on the wrong side of this one. In spite of her foolishness, the judge may save her.

 

[catlady]

I may be the minority here... Please know that I don't mean to offend anyone...

You may not be obligated to give it back to her by law, but I think giving it back to her or paying her back if you want to keep it is the right thing to do. Don't you feel bad that she is still making a payment on that TV while you enjoy it? If you put yourself in her shoes, how would you feel?

 

[tigerfan12]

I may be the minority here... Please know that I don't mean to offend anyone...

You may not be obligated to give it back to her by law, but I think giving it back to her or paying her back if you want to keep it is the right thing to do. Don't you feel bad that she is still making a payment on that TV while you enjoy it? If you put yourself in her shoes, how would you feel?

That is an understandable response. But there are many underlying factors that caused our relationship to end. A lot of bad things. Most of them were caused by her...

Also, I never asked for the TV and I even advised her to really think about buying such an expensive item. She, in hindsight, did make a huge mistake. I also even offered to help pay for the TV, but she would always decline. It's only now that she screwed up and we're no longer a couple is she trying to take back the TV. Trying to save face I believe. But a gift is a gift. Since I was not the one who caused our relationship to end I do not feel obligated to pay her for the TV or give it back. Do I wish she never got the TV to begin with? Yes I do, but I do not have the money to either pay her or buy my own TV.

Lately though, she has told me she plans on moving out of state and that we wont have any more contact which leads me to believe this was all a bluff or she's dropping the suit.