Legal Question in Civil Rights Law in Georgia
returning something given to you
If someone gives you something and 5 years later they sue you for it back are you required by law to return it?
1 Answer from Attorneys
Re: returning something given to you
First, if the person has filed a lawsuit against you and if the case goes the trial, the judge or jury will decide the ownership interest in the item.
Second, as a general rule, if the person gave you the item as a gift, you don't have to return it. However, there are exceptions to every rule. If the person is suing you, it is likely he or she will contend that it was not a gift and it was not legally transferred over to you. Additionally, some things require title or other papers to proper transfer the ownership interest.
In any event, if you believe the item is worth keeping, you should seek a consultation with a local lawyer to determine your full ownership rights and possibly defend you in court.
(I am also licensed in Georgia and practice in the Atlanta Metro area. Therefore, if you have any further questions, you can contact me by e-mail)
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