Legal Question in Civil Litigation in Florida
Items given to me, now they want them back
Several items was given to me from a family member. Now over a year later, she is requesting them back because we had a fall out. They are stating that if I dont return them items, they will take me to court. Don't I right to keep what was given to me?
Also, if I have to give back the items, can I charge them for packing, loading, moving, cleaning and storing the items?????
Thank you!
2 Answers from Attorneys
Re: Items given to me, now they want them back
If the items were a gift, you have no obligation to return. A loan would be different. If they are of little value it is doubtful they would be able to pay the lawyers fee to file suit. If he suit is frivilous they could be liable for your attys fees.
Re: Items given to me, now they want them back
If the items were a gift, then they are yours to keep. Their story may be different though and their "case" would be based on their story of the events, not yours. If you want to allow them to have the gifts back, I would not go to the trouble to pack it up and the like. Tell them that they can come pick up the items if they want them or to send you the money necessary for you to do the work and spend the time to send them back. See what the response is to that. Again, though, if they were gifts, there is no need to return them. They are yours. Look for an e-mail or a note to see what proof there is.
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