Legal Question in Personal Injury in Arizona
Suing my 15 yr old daughter in small claims
My daughter is being sued for items her former boyfriend gave to her as gifts. She is 15 (petitioner is 18) and is the only named defendant on the complaint. I am her legal parent, and this individual is claiming that $450 worth of speakers he clearly gave to her as a gift months ago were never returned to him (now claiming they were not a gift). When she broke off of the relationship after approx. 2 1/2 to 3 months later he then demanded return of the speakers which she had disposed of by selling to a friend.
1. would he not have to name me as her father co-defendent in his petition to make it valid?.......What constitues a gift like this and did she not have the right to sell the speakers when no demand by him for return of the speakers was made until she ended the relationship?
Thanks very much
1 Answer from Attorneys
Re: Suing my 15 yr old daughter in small claims
Without any other facts know, you might file a motion to dismiss action, based on fact that child is a minor. However if it is to late or if court doesn't agree, you must gather evidence to prove speakers where a gift. The fact that they were dating might help prove speakers were a gift. good luck