After getting dumped by a new boyfriend, I offered to return a jacket he had left at my apartment and a pair of sunglasses he had left in the apartment a few weeks prior. I initially offered to return it to a mutual friend because I was upset and didn't want to see him. He said to just throw out the items if I was so upset. This exchange occurred via text message.
So, I threw out the items. Then he texted the next day that he wanted them back but they were already gone. I did not tell him that. Then the texts became mean and harassing. He said the items were a gift from his dead Aunt. I told him then that they were gone as per his text to throw them out. I also apologised. He then said he demmanded to be compensated for his "gifts" and came up with a price of $500 dollars for a jacket that was 3 years old and a pair of sunglasses that were also a few years old. He says he is going to sue me and will pay extra to have me served papers at my place of work to humiliate me. This is all in text messages. He also said he had receits for these "gifts."
Am I responsible for left items that he said I could throw away? I live in NY state if that helps.

Quote:

---

Originally Posted by sadnurse

After getting dumped by a new boyfriend, I offered to return a jacket he had left at my apartment and a pair of sunglasses he had left in the apartment a few weeks prior. I intially offered to return it to a mutual friend because I was upset and didn't want to see him. He said to just throw out the items if I was so upset. This exchange occured via text message.
So, I threw out the items. Then he texted the next day that he wanted them back but they were already gone. I did not tell him that. Then the texts became mean and harassing. He said the items were a gift from his dead Aunt. I told him then that they were gone as per his text to throw them out. I also apologised. He then said he demmanded to be compensated for his "gifts" and came up with a price of $500 dollars for a jacket that was 3 years old and a pair of sunglasses that were also a few years old. He says he is going to sue me and will pay extra to have me served papers at my place of work to humiliate me. This is all in text messages. He also said he had receits for these "gifts."
Am I responsible for left items that he said I could throw away? I live in NY state if that helps.

---

If the court determines you are... then you are. If he can convince the court that's all it takes.

It may come down to "he said, she said." Did you save a copy of the text message in which he said to throw them out? At the time did you tell anyone else about the text message?

He's a real piece of work, isn't he?

Quote:

---

Originally Posted by sadnurse

... He then said he demmanded to be compensated for his "gifts" ...

---

From what you said, they weren't gifts to you, but junk he didn'twant. So I assume you put the word in quotes to indicate "gifts" was his term. Doesn't he understand that if they were gifts he can't ask for compensation?

If he sues he will be laughed out of court, seems to me. Don't loose any sleep over it. :)

Quote:

---

Originally Posted by AK lawyer

So I assume you put the word in quotes to indicate "gifts" was his term. Doesn't he understand that if they were gifts he can't ask for compensation?

---

From the OP's description these were gifts to him from his now-dead aunt - not from him to the OP. Why he would have receipts for these gifts is unknown.

I have all the texts. I have the text that says I could throw them out. And it was the next day that he changed his mind. And I agree that it is strange that he has the receipts for the items he said were gifts from three years ago. I guess if he really wants to go to court I can just show the text that gave me permission to throw out the items. If they were really so sentimental then he shouldn't of said throw them out. People should be more careful with the things they care about.

I'm in NY, too - in this scenario that doesn't really matter much.

I'd stop corresponding with him and wait to see what happens next. If he takes you to Court take the text messages. The Judge will believe one of you and his words are in writing.

I wouldn't worry about it.