Legal Question in Civil Rights Law in Maryland

Gave a gift, now wants it back.

A friend offered her wedding dress to me as a gift. She expressed that she would never wear it again and its just sitting in her basement. I picked up the dress which was in a very torn plastic bag on a basement closet floor,in poor condition. I spent close to $300 dollars having the dress restored by a professional dress restoration company. Nine months after my wedding, I showed her my wedding pictures. The next day she emailed the following:''I really hope this won't sound bad. Yesterday when you showed me your pictures, they were beautiful by the way, I felt jealous. Do you mind if I ask for the dress back? After everyone left I just kept looking at my pictures comparing them to yours. I really would like to have professional pictures done. All I have are the one's the hotel did..and they look nothing like yours. I hope I don't sound like an '' Indian giver''. I'm just so happy that you had a beautiful wedding, but it makes my pictures look like shit! I'm sorry, but had to tell the truth.'' She has since retained a lawyer, claiming that the dress was loaned and should be returned immediately to avoid legal action. This dress was offered as a gift and was given freely! What legal defense do I have? She is lying!!!


Asked on 11/22/04, 4:10 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Gave a gift, now wants it back.

The question is whether the judge will believe you, or your friend. I.e. if it was a gift, then your friend is not entitled to have it back.

You should bring a copy of your restoration bill to court, to substantiate your claim. Also, even if the judge rules that you must return the dress, you could ask for reimbursement for the money you spent to restore the dress.

The bottom line here is unfortunately we never seem to get something for nothing. In this case, you did have to pay to restore the dress, but on the other hand, you did not have to pay for a wedding dress. If you have to give the dress back, you will still have your memories and your beautiful photographs. You will also have learned an important lesson about your so-called "friend."

The most important thing about this incident is, whatever should happen in court, do not let it ruin your memories of your wedding.

Frankly, you may want to consider just giving her the dress back (assuming she dismisses her lawsuit with prejudice, in writing), with a request that she reimburse your restoration bill in exchange. You may want to consider getting your own lawyer, but unfortunately that will probably cost you more than the case is worth.

If you do give the dress back, be sure to get a signed receipt, and take photos of it before giving it back, so she can't make false claims about its condition.

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Answered on 11/22/04, 10:50 pm


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