Legal Question in Civil Rights Law in Louisiana

Reclaiming property from ex-boyfriend

My ex-boyfriend and I broke up in

April. In Feburary, I gave him a

Playstation 3 that I purchased.

Additionally, he told me at the time

he recieved it that he would help pay

for and/or take over the payment in

January of 2009 if it was not paid off.

Recently our friendship soured

because of some of his actions and I

asked for the Playstation back. Do I

legally have the right to get the

Playstation back or make him pay the

remaining amount? I have

ownership and papers to prove that I

own it and that I am the one making

payments. Thanks so much for your

time.


Asked on 11/24/08, 10:05 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: Reclaiming property from ex-boyfriend

It depends on whether the playstation was a gift or not. One-time gifts to boyfriends often become "loans" or other contractual obligations only after the relationship sours. Most judges have a good "BS Meter" and can tell when someone is trying to take back a gift.

In any event, assuming that you are the true owner and it was not a gift, you can file suit in small claims court for either return of the property or the money you are out for purchasing it. Look up the Justice of the Peace covering the area where your ex lives and file suit. You will have to pay court costs, which will likely less than $100, but the defendant will likely have to reimburse those court costs back to you if you win.

Good luck.

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Answered on 11/26/08, 12:47 am


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