Legal Question in Civil Litigation in Oklahoma

Possession of a gift donor wants back, possessor has made all payments.

My ex-fiance and I was going to get our own business. He is a truck driver and he was always gone. So I was here alone, and I was shopping for a computer for our business. So when he was home, I showed him the computer and he told me that you go ahead and get the one you want because I not home that much and he gave it to me a gift. So I bought a Sony 150 computer with 233MHz Hard drive, and bubble-jet printer iin September, '97. But, my credit history isn't any good, so he got the loan from the finance office...and I put down payment, and three payments X $300. to hurry up and pay it off. I have all my name registration on here except from the finance office, and all the payments. I moved out of his place on Thanksgiving '97, we lived together for 1 1/2 yrs. I took all my stuff out they and also the computer because I was making the payments. I called finance office on Feb. 21st, and they said that he paid it off on Feb 6th and now he has a credit because of my payments...now he wants the computer back. He gave it to me for a gift. He has an attorney and I don't have enought money to hire an attorney. So any help with this problem would be greatly appreciated. He also lives here in Tulsa, OK.


Asked on 2/23/98, 9:14 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Sleuth work needed

How much did the computer cost? According to your story, you said you paid $900 plus the down payment.So the computer wasn't a 100 percent gift. You paid -- I'm going to a guess -- over a $1000 toward its cost.That he acted -- I'm going to guess again -- essentially as a guarantor for you does not necessarily entitle him to the computer.That you paid $1000 toward it gives your story credibility. (That is important!)Im going to guess again: I'm going to guess that (1) he JUST SAID he had an attorney, (2) you've never received any papers from that attorney,(3) he never told you the attorney's name, (4) you will never hear from an attorney about the computer, (5)he is just taking a macho position, making you think he has an attorney so that you'll become afraid and give him the computer so that (6) he'll be able to take and sell it and make some money on it (at least he thinks he will. If I've guessed wrong, write some more of the details.

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Answered on 2/25/98, 5:29 pm


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