Legal Question in Civil Litigation in Texas

guitar ownership and gift

During March of 1999, a girl let me borrow her guitar. At October of 1999, she wrote me a letter stating that I can keep it. Now(August of 2000) she wants it back after I moved from Ohio to Texas. Am I liable under law to give it back? Isn't the guitar under my ownership? She wants to go to small claims court, will she win? Her parents bought her the guitar so she claims that she didn't gave it to me since she did not have the power to do so. But they gave the guitar to her. Thanks in advance for your time.


Asked on 8/22/00, 10:45 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: guitar ownership and gift

If the guitar was a gift, then it is legally yours to keep and she cannot get it back.

If the letter you mention states that the item is a gift, then you should have no trouble in small claims court as gifts, once given, can never be taken back.

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Answered on 9/29/00, 10:26 am


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