Legal Question in Civil Litigation in Texas

Ex-girlfriend won't return computer I purchased

I purchased a computer for myself when I was deployed overseas. I had the computer delivered to my ex-girlfriend's place because that's where I was living.

Long story short, our relationship wasn't working out too well after I got back home. I decided to move out of her place in a hurry, but left my computer there. She knew before I left that I was going to come back to pick it up at a later date. After repeated attempts to setup that date, she told me she ''felt it was some what of a gift,'' so she would NOT give it back.

I have statements documenting I purchased the computer. I have email responses where she states she feels the computer is hers to keep, because it's compensation for a relationship gone bad.

I know what a gift is, and I never asked to get those gifts back, but a 1600 computer was not one of them, so I feel I should be able to get my computer back.

I know I'd have to take this to a small claims court, but what are my chances of being awarded a settlement? I have proof of purchase and emails asking to get it back, which show her reluctance because she's upset. The emails demonstrate that computer was NOT a gift.

Do I have a case???


Asked on 2/02/07, 1:15 pm

3 Answers from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: Ex-girlfriend won't return computer I purchased

You might explore a claim for "Conversion." To prove such such claim, you must show:

1. you owned, possessed or had the right to immediate possession of the property;

2. the property was personal property;

3. defendant wrongfully exercised dominion or control over the property; and

4. you suffered injury

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Answered on 2/02/07, 1:22 pm
Johm Smith tom's

Re: Ex-girlfriend won't return computer I purchased

Erin's answer is good and I definitely think you have a case on what you wrote. The issue will be what she will say; so ponder that.

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Answered on 2/02/07, 1:29 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Ex-girlfriend won't return computer I purchased

What Erin and David haven't told you is that all you get in Small Claims is a money judgment. Then it's up to you to collect.

You'd be better off in Justice Court asking for return of the computer itself. Then if you get judgment, you can order a Special Writ for the seizure of the computer.

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Answered on 2/02/07, 5:30 pm


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