Legal Question in Civil Litigation in Pennsylvania
When do you have to return a Gift? OR what is a Gift
My daughter has received a notice to appear in court for failure to return items. The order is from a complaint filed by her ex boyfriend. It seems that several months ago he retreived a Laser Printer and a Monitor from his companies trash bin as he knew that she was in need of these items. (He has placed a falue of $350 on the items.) He has also ask for the return of a bathing suit that he claims she took as well as a small amount of cash (She has no idea why he claims she owes him money.)and other assorted items. She was under the assumption that these were gifts as nothing was ever said about their return until some weeks after she broke up. How does she defend herself. He ex is a lawyer want-a-be.
1 Answer from Attorneys
Re: When do you have to return a Gift? OR what is a Gift
First, there is an order, so there was a prior default and/or court hearing. Did your daughter receive the notice for the initial court hearing? If not, then there was a default judgement entered. So, you need to contact the court, tell them she did not attend the hearing where the order was issued, and ask them to help you file a 'motion to vacate default'. In you motion to vavate the default, you need to state you have defenses to all or part of the plaintiff's claims.
I would also like to say companies do NOT throw out laser printers, nor working monitors. I might investigate if he stole them from the company. In any event, if he 'gave them' to her, they were gifts. If he loaned them to her, she has to give them back.
Your daughter ia also entitled to question the value placed upon the items. Try to find out what they are worth, or ask the judge to have him prove their worth. $350 isn't a lot of money for a used laser printer and monitor. An old 14-15" monitor and a used iINKjet printer may NOT worth a whole lot.
His bathing suit or hers? If it fits her and doesn't fit him, the judge should throw this out.
The cash claim will be very fact specific, and untimately will depend upon who the judge believes (and likes).
Finally, if she borrowed money or has any of his things, she should give them back. If she does not, than she must decide if it is worth fight over the money & items in question. Going to court is NOT fun for litigants. I tend to fight if I'm right, but that isn't always the best thing for you. This is for you to decide.
Good luck,
Kevin J. Begley
PS - Everybody wants to play lawyer, except some lawyers.