Legal Question in Civil Rights Law in Missouri
OK so I was dating this guy who was great and nice shortly after dating I moved in to a new place I didn't have a TV or anything so he took a TV stand TV and radio and put it in my home a little after he lost his job and couldn't make his car payments so he had no way to get around so let him use my car and I walked everywhere when he came over on the weekends I gave him food gas money and so on to take home with him I got sick and needed to go to the hospital I called him and told him about it he said sorry I need to go to school he hung up and I ended up walking to the hospital and even walked home on pain killers that weekend I took my car back and he broke up with me for it he didn't call or text or anything and a week latter he is saying he wants the stuff back and telling me if I don't give it back he will call the cops and report it stolen and I will go to jail I have a full letter form him stating he does not live here and that he only comes over on the weekends i also have a lease showing he does not live here can he really call and report it stolen can i go to jail for things he gave me
1 Answer from Attorneys
This sounds like one of hte scenarios from one of those TV Judge shows. Of course he can report the TV, stand and radio as stolen. But, unless he lies about the whereabouts, the Police aren't likely to do anything. If he admits that he brought the stuff to your place, he cannot honestly report that it was taken from his possession and control. He can, however, report that you refused to return it to him when he requested. The question will be whether the stuff was A gift or a loan.
Under the facts you described as to the entertainment items and the car, it sounds like you two loaned things to each other. You retrieved the car when you wanted to. He may be able to prove that he should is entitled to retrieve the entertainment items when he wants to. But, that case would most likely occur in civil court.
You did nto indicate that you ever refused to let him have those things back. If the Police show up at your door, you should probably let them take the stuff, and tell the officers that you never refused to let him have the stuff (if that is the truth). They will be very unlikely tp arrest you, once they know that he brought the items to your place. They will more likely tell him that it is a civil matter, and suggest he sue you over the items, if you claim they are a gift.
There is never enough space to provide all the relevant facts here. So, you may be able to prove that the car was a loan, but that he gave you the TV. Stand and radio, using facts not described here.
Good luck
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