Legal Question in Civil Litigation in Florida
About a year ago A friend and I moved in together. His mother gave us a couch for our apartment. My friend started getting bad on drugs so I had to kick him out. Through text I asked the mother if I could keep the couch, and offered to pay her for it. Her response was "that couch is my gift to you for dealing with my son" Now my friend wants the couch. Is there any way that I will be forced to give up the couch? Is this something a judge has to rule on or can a cop make this decision? I'm in Florida and I still have the text messages??
2 Answers from Attorneys
The couch is yours, in my opinion. You have the texts from his mother indicating her desire to give you the couch. The police are not going to make a decision about who owns the couch, because its a civil matter, not a criminal matter. In other words, if the friend comes out and causes a ruckus in which the cops are called, he's going to get arrested for causing a ruckus. They won't give a hoot about the couch. He's also not likely to sue you over the couch.
Sounds like a completed gift so the couch is yours.