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How can I prove a gift has been given to me legally?

  • An ex boyfriend purchased a laptop for me as a christmas gift, how can i show it is a gift and not anyone elses or a household item???? Details to the laptop that was given as a gift. My ex boyfriend purchased a laptop for me for christmas and is now withholding it from me. The purchase didn't take place until after xmas because lack of money. I went with to pick out what laptop i wanted and he also purchased the warranty, wireless internet motem (for me to use while being at his house), and my dad a 32" LCD TV with warranty at the same time. The purchase was made in cash. I have taken the laptop back and forth from my home, my dads home, and ex boyfriends' home numerous of times. I am the administrater on the laptop and nor him or anyone else in his household has used my laptop. He has said to number of family members that he purchased the laptop as a gift for me for xmas. I had left the laptop at his home because i was going to work and thought i would be returning to his home after, I did not because he asked me not too. The next day i went to retrieve my laptop and toiletries from his home but was told by him that i can not take the laptop. Because of his mental state and drug abuse i just took my toiletries in fear that if i were to argue he would become violent because he has in the past. I asked his mom at that time to please retrieve my laptop from his possession because i am in fear that he will sell it for drug money and i would get it from her as soon as she can retrieve it from him. After not hearing from her the next day I spoke with her soex boyfriendend) and he said in fact "she does have it and it will not be returned to me, he purchased it and he has treceiptept, it is his!" Because of my work schedule i was not able to retrieve the rest of my personal belongings until 3 days after first coming to his home and asking for the laptop. I on the third day wanted to retrieve my property contacted so i contacted the police to help me retrieve my things. The ex-boyrfriend said i could not reciveve those belongings until i pay him back the 200$ he let me spend on his debit card. Before him ever telling me that i had a money order made out in his name of 200$ already. When the police retrieved my personal belongs from him they handed him the money order. Needless to say my laptop was not included with my other things. I then contacted him and asked him if he can handle things like an adult and give me back my laptop so neither one of us has to go to court. He then said "take me to court, i will see you there". I yesterday being the first business day after all this took place sent him a certified letter stating he has 10days to send a written response and/or return my property from the day upon recieveing this certified letter or i have no other choice but to take this to small claims court to retrieve my belongings. Sorry so long but i thought i should give every detail. thank you for taking your time =)

  • Answer:

    Small claims court. And good luck, since he paid for it I'm thinkin' the odds of you getting are somewhere between slim and none.

Alyssa at Yahoo! Answers Visit the source

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he buys you and your dad expensive gifts and you break up with him? GOLD DIGGER!

It's difficult to prove a gift...but it will be up to him to prove that it was not a gift...which will be more difficult. All you have to do is give evidence that he bought you the laptop and it was intended to be a gift...now, if it wasn't a gift, why would you have been in possession of it? I think you will most likely get your laptop back in court. Good Luck.

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