Legal Question in Intellectual Property in New York

Hello,

A former once good friend of mine decided she wanted to buy me a ps4 gaming system as a gift. After, she tried to bride me an make me bend to her will. I refused to do the things she wanted me to do that went against my moral code and spiritual beliefs. Since she didn't like that, she is now harassing me and demanding that I return the gift she purchased for me. I have the receipt for the system, it shows she paid with her credit care. How would this go ver in small claims court? Thank you for reading I appreciate it.

Thank you for reading my question.


Asked on 2/12/14, 8:24 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

The system belongs to you if she gave it to you. She would have no legal right to it assuming it was a gift. Being you are in possession of it, the burden would be on her to prove to a courts satisfaction that it belongs to her and was not a gift. The fact that you have the receipt, in my opinion, is pretty persuasive that it was a gift.

Here is some practical advice.. however. It is not worth it for you to provoke crazy over a ps4. If this is going to cause her to harass you, sue you, continue to contact you, etc. just give her the damn thing and call it a day.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 2/13/14, 7:34 am


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